Nabukeera Vs Kusasira (Election Petition Appeal No. 67 of 2016) [2017] UGCA 52 (20 November 2017)

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Civil Procedure|Actions and applications

Case summary

The first complaint on appeal was that the trial judge had misapplied the principles of burden and standard of proof and the court held that there was no error when the appellant was required to prove her case to the satisfaction of court. The second ground was regarding the petitioner’s witnesses that had recanted their evidence and the court observed that where a deponent offers evidence in support and recants such by an affidavit in reply in favor of the opposing party, questions of credibility and integrity arise and reliance on such affidavits was untenable and such evidence must be rejected. On the admissibility of affidavits, the court observed that undated and improperly sworn affidavits signed in different areas were in contravention of the law, affidavits in rejoinder which introduced new matters were defective as such and that an affidavit in rejoinder cannot be sworn by a new witness.. The court also held that in allegations of fraud, the witnesses must prove that they are registered voters. The court dismissed the appeal and upheld the respondent’s election

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