Election Petitions of Uganda - 2017

6 judgments
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6 judgments
Citation
Judgment date
October 2017
Petitioner failed to prove nomination defects, electoral offences, or substantial non‑compliance; petition dismissed with costs.
Election law – candidate nomination – requirements for nominators and signatures; Election offences – bribery, undue influence, threats – burden and elements of proof; Non‑compliance with electoral procedure – early closure of polling stations and substantive vs trivial irregularities; Procedural remedies – inspection and challenge of nomination papers; Standard of proof in election petitions – balance of probabilities.
31 October 2017
September 2017
26 September 2017
Court set aside annulment: uncertified DR unreliable and non‑local registration does not disqualify candidacy; petition dismissed.
Election law – challenge to local council election result – substantial effect test (quantitative and qualitative analysis). Electoral procedure – Declaration of Results (DR) forms – certified EC copies as best evidence; uncertified, disputed DR unreliable. Local Governments Act – qualification to stand – being registered in a different locality does not automatically disqualify a candidate; proof of registration required. Section 136 LG Act – duty of presiding officers to transmit DR, sealed materials; failure to do so undermines credibility of process. Standard of proof in election petitions – balance of probabilities.
4 September 2017
August 2017
17 August 2017
July 2017
27 July 2017
Whether party-and-party costs can be recovered for multiple advocates and validity of a consent taxation entered by former counsel.
Costs — party-and-party taxation — indemnity principle; entitlement to costs where multiple advocates represented a party; requirement of judicial certificate for more than one advocate; validity of consent orders entered by advocates who have withdrawn instructions; remit of taxation where wrong principle applied (instruction fees wrongly allowed in "costs of the day").
6 July 2017