Lumu Richard Kizito v Makumbi & Anor (Election Appeal No. 109 of 2016) [2017] UGCA 33 (27 September 2017);


Search Summary: 

The appellant was aggrieved with the
decision of the trial judge who dismissed the
petition on the basis that the presentation of
petition and petition had been filed out of
time. He averred that the trial judge had erred
in expunging 31 of the affidavits from the
record of evidence.

Headnote and Holding: 

Court considered the appeal ground on
whether the trial judge was right in ordering
the trial to commence afresh after the first
judge excused himself from the case. Court
held that hearing the case de novo was within
the discretion of the subsequent judge and
that the trial judge had not erred.
Court also considered whether the trial had
erred in finding that the expunged affidavits
rendered the petition a naked bundle of
Court agreed with the trial judge that upon
the expunging of 32 affidavits for being
poorly commissioned, the appellant had no
evidence on record to satisfy the burden of
Court accordingly disallowed the appeal and
dismissed it.


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