Election Petitions of Uganda - 2016 September

3 judgments
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3 judgments
Citation
Judgment date
September 2016
Election petition dismissed for failure to prove invalid nomination or electoral offences substantially affecting the result.
Electoral law – nomination validity – verification by returning officer and Electoral Commission; election petition procedural objections – admissibility of affidavits and Illiterates Protection Act compliance; standard of proof in local government election petitions (s.61(3)) – balance of probabilities; proof required for bribery, intimidation, forgery and wrongful invalidation; substantial effect test for annulling elections.
9 September 2016
Court allowed oral discovery under O.10 r.12 and ordered production; preliminary objections to be heard before trial.
Civil procedure – Discovery – Order 10 Rule 12 (broad discretionary discovery) versus Rule 15 (documents referenced in pleadings). Election petition – expedition and relevance of document production relating to vote management and accountability. Preliminary objections – payment of court fees and form of supporting affidavit to be determined before substantive hearing.
9 September 2016
The applicant's election petition was dismissed for failing to prove substantial non-compliance or bribery affecting the result.
• Election law – compliance with Parliamentary Elections Act – recounts and RO jurisdiction for mandatory recounts (50-vote margin). • Election irregularities – early closure of polls and alleged disenfranchisement – burden to prove substantial effect. • Electoral offences – bribery allegations require credible, corroborated evidence and proper pleading. • Remedies – courts cautious to annul elections absent substantial, qualitatively significant departures from fair process.
2 September 2016