Tamale Vs Ssenkubuge & Anor (ELECTION PETITION APPEAL NO. 75 OF 2016) [2017] UGCA 117 (5 December 2017);


Search Summary: 

The appellant and 1 st respondent contested in an election where the 1st respondent was declared as duly
elected. Dissatisfied with the results, the appellant petitioned high court which dismissed the case on
preliminary points of law.

Headnote and Holding: 

The court considered the complaint that the attached declaration forms on the petitioner’s affidavit were
public documents and the same had not been certified but the court observed that the appellant would in
exceptional circumstances is allowed to present such forms as they would facilitate an inquiry.
The court observed that even though elections are matters of urgency, the appellant had filed his
additional affidavits before scheduling and that after scheduling; the party can seek leave of court to file
additional affidavits.
On the complaint of affidavits sworn by illiterate persons, the court stated that the person who writes the
name of the illiterate does so on request after such a person appending their signature and that before the
document was read and explained to the illiterate; and that in the spirit of administering substantive
justice the learned judge should have determined the matter on its merits.
The appeal was thereby allowed.


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