Election Petitions of Uganda - 2016 December

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3 judgments

Citation	Judgment date
December 2016
Kasibbo v Mbogo and Anor (HCT-04-CV-CA 99 of 2013) [2016] UGHCEP 82 (16 December 2016) Taxation largely upheld but second respondent’s taxed bill set aside; preparatory items disallowed as covered by instruction fee. Taxation of costs – Advocates Remuneration and Taxation Rules SI 267-4 – Instruction fee covers preparatory work – Registrar’s discretion under Rule 13 – Taxation set aside where no court-awarded costs – consideration of inflation in taxation.	16 December 2016
Magomu v The Electoral Commission and Anor (HCT-04-CV-CA 78 of 2016) [2016] UGHCEP 81 (15 December 2016) A prior Anti‑Corruption Act conviction disqualified the respondent from council election; election nullified and appellant declared elected. Electoral law – candidate qualification – effect of prior conviction under Anti‑Corruption Act s.19 – disqualification under s.46 for ten years. Statutory interpretation – definition of "public body/public office" in Anti‑Corruption Act – purposive construction to include local government councils and elective offices. Civil procedure – competency of appeal – failure to extract decree not fatal where judgment and appeal records properly filed. Precedent – lower courts bound by High Court authority; trial court erred in departing from binding decisions.	15 December 2016
Wakalawo v The Electoral Commission and Anor (HCT-04-CV-CA 77 of 2016) [2016] UGHCEP 83 (14 December 2016) A conviction for an Anti-Corruption Act offence disqualifies a local government councillor; appeal allowed despite no decree and election nullified. Anti-Corruption Act 2009 s.46 – Disqualification from holding public office after conviction – applicability to local government councillors. Statutory interpretation – meaning of "public office" within anti-corruption legislation – literal and purposive approaches. Civil procedure – appeal competency – failure to extract decree not fatal where substantive justice requires determination. Election law – invalid nomination/election where candidate disqualified under anti-corruption statute; remedy and declaration of next-placed candidate.	14 December 2016