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Citation
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Judgment date
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| June 2016 |
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Petitioner failed to prove pleaded irregularities; a typographical Gazette error was corrected and election result upheld.
Election law – petition burden and balance of probabilities; declaration/tally sheets and agents’ signatures; Gazette typographical error and corrigendum; Electoral Commission’s duty to publish accurate final results; departure from pleadings not permitted.
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13 June 2016 |
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Petitioner failed to prove respondent lacked Ugandan citizenship; election upheld and petition dismissed with costs.
Election law – Qualification for Member of Parliament – Citizenship status and dual citizenship – Burden and standard of proof in election petitions – Evidence: Ugandan passport, voter registration, and absence of proof of renunciation.
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8 June 2016 |
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The applicant failed to prove material electoral irregularities; the respondent’s election was upheld and petition dismissed with costs.
Election law — election petition — burden and standard of proof higher than ordinary civil cases; requirement for certified Declaration of Results forms (DRFs) and authenticated evidence (Evidence Act) — uncertified DRFs inadmissible; Returning Officer’s tally and transmission evidence; minor clerical error on return form not vitiating election result; substantiality test — unproven irregularities that do not affect outcome warrant dismissal.
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8 June 2016 |
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4 June 2016 |
| May 2016 |
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A post‑declaration challenge under section 15 was misconceived; post‑declaration disputes must proceed under Sections 60–61 of the Parliamentary Elections Act.
Electoral law – jurisdiction of the Electoral Commission – Article 61(1)(f) and section 15 Electoral Commissions Act limited to complaints before and during polling – post‑declaration challenges must be brought under Sections 60–61 Parliamentary Elections Act; procedural compliance with appeal rules required; improperly introduced documentary evidence struck off record; correction of statutory citation to section 4(1)(c).
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30 May 2016 |
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27 May 2016 |
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An election petition filed before the results are published in the Gazette is premature and incompetent.
Parliamentary Elections Act s.60(3) – 30‑day filing period triggered by Gazette publication of results; competence of election petitions; premature filing nullity; judicial notice of Gazette under Evidence Act s.56(e); service requirements of election petitions.
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25 May 2016 |
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A party cannot be added to an election petition after the statutory 30‑day filing period has expired.
* Election law – Amendment – Addition of parties under Order 1 r.10(2) – Necessity to enable complete adjudication; * Limitation – Section 60(3) PEA – 30‑day filing period from Gazette – Statutory and not enlargable by court; * PEEPR r.19 – Extension of time applies only to rules, not to parent Act; * Procedural bar – cannot add party after statutory limitation; * Distinction – necessary party versus witness.
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25 May 2016 |
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Court dismissed preliminary objections, exercised Rule 19 to permit service out of time, and ordered payment of fee deficiency.
Election law – preliminary objections – alleged mismatched petition not on record; procedural time limits for filing and service of election petitions (s.60(3) PEA; Rule 6(1) PEAEPR) – Court’s power to enlarge time under Rule 19 where special circumstances exist – remedy for insufficient court fees under s.97 Civil Procedure Act.
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24 May 2016 |
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An election petition lacking proper locus, required 500-voter support and valid affidavits is incompetent and was dismissed.
Election law — Parliamentary Elections Act s.60(2) — locus standi of candidate versus voter petitions; statutory form and 500-voter support requirement (Form EP, SI 141-3); validity and commissioning of affidavits; pleadings' certainty and amendments; competency of election petitions.
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18 May 2016 |
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Respondent's reversal of petitioner's nomination was void for disobeying a court order and breaching fair hearing rights.
Election law – nomination reversal – compliance with court orders – contempt – natural justice – right to fair hearing (Articles 28(1), 42, 44(c)) – nullity and set-aside.
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11 May 2016 |
| April 2016 |
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20 April 2016 |
| March 2016 |
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Effective approval date of resignation and Local Government Act's 30‑day rule determine local election nomination eligibility.
Public Service Standing Orders – effective date of resignation is the approval date; Local Government Act s.116(5) – 30‑day resignation requirement for public officers seeking local council office; Parliamentary Elections Act 90‑day rule inapplicable to local government nominations; Judicial review of Electoral Commission nomination decision.
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1 March 2016 |
| February 2016 |
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Returning officers may refuse nomination where a candidate fails to prove certified qualifications; uncertified diplomas are insufficient.
Electoral law – nomination requirements for LCV chairperson; returning officer’s power to refuse nomination; burden of proof on candidate to prove qualifications; requirement for certification by NCHE/UNEB; procedural compliance – payment of statutory filing fees and court’s discretion to relieve in exceptional circumstances.
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1 February 2016 |
| January 2016 |
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Independent candidates lack locus to challenge party primaries; failure to exhaust party remedies and mootness bar relief.
* Electoral law – Locus standi – Party member who stands as independent ceases membership and cannot challenge party primaries.
* Electoral law – Mootness – Completed nominations render applications for fresh primaries academic.
* Internal remedies – Requirement to exhaust party dispute mechanisms (National Election Tribunal) before litigation.
* Civil procedure – Pleadings and evidence – omission from petition may be waived; absence of supporting evidence leads to dismissal.
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13 January 2016 |
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Whether leave to appeal a contempt ruling is permissible where compliance was allegedly impossible due to absent Parish Tribunals.
* Election law – leave to appeal – applicability of election petition rules (7-day notice) versus Judicature (Court of Appeal) Rules (14-day leave) and Order 44 CPR.
* Contempt – failure to conduct court-ordered elections – defence of impossibility where Parish Tribunals were not appointed by Judiciary.
* Civil procedure – preliminary objections of time-bar and res judicata – dismissal where arguable grounds for appeal exist.
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8 January 2016 |
| December 2015 |
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High Court grants interim injunction to bar nomination pending resolution of triable identity and qualification disputes under Article 50.
Constitutional remedies (Article 50) – jurisdiction to challenge alleged improper legislative representation; Election law interplay – when election-specific procedures do not oust judicial competency; Temporary injunction – identity and qualification disputes as triable issues; Locus and proper party – identity disputes may justify suit against named respondent.
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1 December 2015 |
| January 2015 |
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Court upheld NCHE’s equivalence certificate, finding no proven fraud or illegitimacy in the qualifications; application dismissed.
Parliamentary Elections Act s.4(11) — locus to appeal; NCHE equivalence — court may inquire into legitimacy/authenticity of underlying qualifications but not usurp equating mandate; statutory instruments — applicability and retrospective operation of Legal Notice No.12 of 2015; evidentiary limits — speculative allegations require expert proof; procedural permissibility of notice of motion where statutory rules absent.
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25 January 2015 |
| September 2014 |
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Revision partly allowed to reduce general damages to within Grade One Magistrate's pecuniary limit; no denial of fair hearing.
Civil revision — jurisdiction and material irregularity; evidence and proof of special damages; allegation of illegality under Parliamentary Elections Act (police stickers) not raised at trial; right to fair hearing and filing of written submissions; pecuniary limits of Grade One Magistrate (s.207 MCA) and reduction of decree to conform to jurisdiction.
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2 September 2014 |
| November 2012 |
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Failure to conduct a mandatory section 54 recount invalidated the declared result and warranted a fresh by-election.
Electoral law – Mandatory recount under section 54 where margin under fifty votes – Timeliness of recount request before transmission/declaration – Proof of disenfranchisement requires contemporaneous, corroborated evidence – Custody and sealing of ballot boxes and effect on recount.
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1 November 2012 |
| March 2012 |
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Non‑compliance with Oaths Act s.6 is curable; undated affidavits should be expunged or regularised, not cause dismissal.
Oaths Act s.6 – directory not mandatory; undated affidavits may be dated in court or re‑sworn; court record controls; technical defects in affidavits should be cured not used to defeat election petitions; trial courts should strike out defective affidavits rather than dismiss petitions.
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2 March 2012 |
| November 2011 |
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Petitioner failed to prove falsified results, intimidation, bribery or lack of academic qualification; petition dismissed with costs.
Parliamentary election petition – non-compliance with electoral laws – substantial effect on results – allegations of falsification of tallies; election offences – intimidation and bribery – evidential standard in election petitions; qualification for nomination – authenticity of examination certificates – UNEB technical evidence; remedy – dismissal and costs.
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30 November 2011 |
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Petitioner failed to prove unlawful nomination, bribery or electoral malpractice sufficiently to annul the parliamentary election result.
Election law – standard of proof in election petitions (balance of probabilities but heightened "to the satisfaction of the Court"); admissibility of affidavits and hearsay in election petitions; nomination requirements for public officers; illegal practices (bribery, undue influence, multiple voting) and need for cogent independent evidence; ballot pre‑ticking/ballot‑stuffing allegations; duties of the Electoral Commission to ensure free and fair elections; assessment of whether irregularities substantially affected results.
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14 November 2011 |
| October 2011 |
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Election voided for proven bribery; by-election ordered and costs awarded to the petitioner.
Election law – Parliamentary Elections Act – bribery and illegal practices; proof on a higher civil (balance of probabilities) standard; single proven illegal practice vitiates election; withdrawal of petition as to Electoral Commission for lack of evidence; by-election ordered and costs awarded to petitioner.
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13 October 2011 |
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4 October 2011 |
| September 2011 |
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Court annulled the election due to non‑compliance and disenfranchisement of voters at six polling stations.
* Electoral law – non‑compliance – exclusion and cancellation of polling station returns – disenfranchisement; s.53(3)–(4) PEA. * Electoral administration – control of ballot papers – discrepancies, multiple voting and cancelled polling station results. * Elections – substantial effect test – excluded votes exceeding margin of victory warrants annulment. * Illegal practices – voter intimidation/violence proved but not attributed to candidate or his agents with knowledge/consent. * Bribery – requires cogent, uncontroverted evidence and proof of agent status and candidate approval. * Remedies – annulment of election, fresh election ordered, Electoral Commission liable for petitioner’s costs and certificate for two counsel.
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23 September 2011 |
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23 September 2011 |
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Fraudulent foreign diploma vitiated university degree, respondent lacked required A‑level equivalent, election annulled; fresh poll ordered.
Election law; qualification for nomination – A-level equivalence; fraudulent academic certificates – burden of proof under Evidence Act s.106; contagion effect of forged certificate vitiating admission and degree; validity/licensing of awarding institutions; NCHE verification process.
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2 September 2011 |
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Petitioner failed to prove electoral malpractices; recount refused due to tampered boxes and lack of prima facie case.
Parliamentary elections — Allegations of bias, collusion, vote invalidation, disenfranchisement, ballot‑box tampering — Recount — Prima facie requirement and sealed ballot boxes — Burden of proof in election petitions.
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2 September 2011 |
| August 2011 |
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Applicant failed to prove substantial non-compliance; election result upheld despite some unsigned DR forms.
Election law – compliance with Parliamentary Elections Act – alleged partisan officiating, falsification and wrongful invalidation of ballots – recount discretion under s.63(5) – declaration of results (DR) forms/signatures – standard of proof on balance of probabilities – manufactured/identical affidavits undermine credibility.
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10 August 2011 |
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Applicant failed to prove electoral irregularities substantially affected the LC III election; respondent's election declared valid; costs shared.
Local Government elections – s139 grounds for setting aside elections – burden and standard of proof (balance of probabilities); admissibility of affidavits – requirement of personal knowledge (Order 19 r3); Declaration of Results (DR) forms and polling registers as primary proof; bribery – must prove recipient was a registered voter and attach voter ID/polling register; illegal practices (bribery, undue influence, ballot stuffing) require cogent, corroborated evidence; defective or inconsistent affidavit in reply may render an answer unsupported.
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8 August 2011 |
| July 2011 |
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28 July 2011 |
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Alleged multiple voting and falsified returns were proven insufficient to substantially affect the election; petition dismissed with costs.
Electoral law – alleged multiple voting and votes by deceased persons – discrepancies in polling station ballot-accountability and declaration forms – burden to prove falsification and substantial effect on result – petition dismissed.
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27 July 2011 |
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Petitioner failed to prove substantial electoral non-compliance or illegal practices; petition dismissed with costs.
Electoral law – election petition; burden of proof on petitioner (balance of probabilities); non-compliance and illegal practices must be proved and be substantial to vitiate results; recount discretionary and requires evidence of widescale irregularities; procedural defects in pleadings not necessarily fatal if substantial rights can be determined.
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21 July 2011 |
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A prior s.236 assault conviction did not amount to moral turpitude; election stood and petition dismissed with costs.
Electoral law – qualification for office – Article 80(2)(f): requires conviction by a competent court within seven years; pending revision does not negate conviction; definition of "moral turpitude" – ordinary meaning, reasonable‑man/community standard, mens rea and context determine classification; assault occasioning actual bodily harm (s.236) not per se a crime of moral turpitude – depends on facts; remedies for disqualification not available where no CIMT found.
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21 July 2011 |
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Election petition dismissed: the respondent had requisite academic qualifications and bribery allegations were unproven.
Electoral law – election petition – standard of proof higher than ordinary civil cases; qualification disputes – acceptance of statutory declaration and institutional verification to authenticate academic certificates; hearsay inadmissible to prove electoral malpractices; burden on petitioner to prove fraud or unlawful practices.
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4 July 2011 |
| June 2011 |
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24 June 2011 |
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Court held it cannot extend the Act’s thirty-day statutory period for filing an election petition; applicant’s delay was dilatory.
* Election law – time limits – Section 60(3) Parliamentary Elections Act – statutory thirty-day filing period cannot be enlarged by Rule 19.
* Civil procedure – enlargement of time – Rule 19 applies to times fixed by Rules, not times fixed by statute; requires existing proceedings.
* "Special circumstances" – must relate to inability to take a procedural step; dilatory conduct and fishing expeditions are not special circumstances.
* Qualifications – NCHE verification for foreign A-levels under Section 4(6) not applicable where higher Ugandan qualifications exist (Section 4(13)).
* Remedies – complainants should use Electoral Commission’s complaint mechanisms for alleged electoral fraud prior to or within statutory timelines.
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23 June 2011 |
| April 2011 |
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29 April 2011 |
| June 2010 |
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Court refused to extend time to hear an election petition, finding no special circumstances and applicant's dilatoriness.
Election petitions – time limits under s.143(2) LGA – three months directory not mandatory; inherent jurisdiction to extend time only for special circumstances; advocate’s illness insufficient where firm had other counsel; litigant’s dilatoriness fatal to extension; likelihood of success alone does not establish special circumstances.
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15 June 2010 |
| May 2008 |
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A seven‑day statutory service requirement need not automatically invalidate a petition; courts may extend time for special circumstances.
Election law – service of Notice under s.62 PEA and r.6(1) PE(EP) Rules – mandatory vs directory interpretation of "shall"; Rule 19 power to enlarge time for special circumstances applies to service time fixed by statute where rules are authorised by s.93; registry delay can constitute special circumstances; failure to serve within seven days does not automatically render petition a nullity.
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22 May 2008 |
| May 2007 |
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17 May 2007 |
| September 2006 |
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Petition alleging polling‑station result manipulation dismissed after recount confirmed lawful election results.
Electoral law – Alleged falsification of Declaration of Results forms; recount procedure under Local Governments Act; independence and duties of Electoral Commission; substantial effect on election result; burden of proof and unrebutted evidence.
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11 September 2006 |
| January 2006 |
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Petitioner lacked valid A‑level/equivalent proof; Commission fairly disqualified him and petition was dismissed with half costs.
Election law — candidate qualification — A‑level or equivalent requirement; vetting by UNEB/NCHE; validity of affidavits under Oaths Act and Civil Procedure Rules; audi alteram partem and fairness of Commission proceedings; annulment of nomination for defective evidence.
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16 January 2006 |
| May 2002 |
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Applicant’s delay and unproven claim of counsel’s negligence did not establish special circumstances to extend filing time.
Election law – leave to file petition out of time – Local Governments Act ss.139,173 and Rule 19 – enlargement of time requires special circumstances; negligence of counsel not automatically sufficient; applicant must prove reasons for delay; credibility of affidavits and promptness/diligence essential.
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24 May 2002 |
| October 1994 |
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31 October 1994 |