Court name
Supreme Court of Uganda
Case number
Civil Appeal-2007/6
Judgment date
20 June 2007

Serunjogi Mukibi v Lule Umar Mawiya (Civil Appeal-2007/6) [2007] UGSC 16 (20 June 2007);

Cite this case
[2007] UGSC 16
Short summary:
Civil Procedure, Actions and applications, Elections

 

THE REPUBLIC OF UGANDA
IN THE SUPREME COURT OF UGANDA
AT MENGO

(CORAM:  ODOKI, C.J, TSEKOOKO, MULENGA, KANYEIHAMBA, KATUREEBE, J.J.S.C)

CIVIL APPEAL [ELECTION PETITION] NO. 06 OF 2007

BETWEEN

 SERUNJOGI MUKIIBI::::::::::::::::::::::::::::::::::::APPELLANT
AND
 LULE UMAR MAWIYA::::::::::::::::::::::::::::RESPONDENT

 

[Appeal arising from the judgment and decision of G.M.Okello, S.G.Engwau, C.K.Byamugisha, J.J.A, dated 19th January,2007 in Election Petition Appeal No. 15 of 2006]
 

JUDGMENT OF THE COURT.
 

This is a second appeal by the appellant whose election as a Member of Parliament for Kalungu East Constituency was successfully challenged in the High Court and that decision was upheld by the Court of Appeal.

From the trial to this Court, the main issue was whether the appellant was qualified to contest the election as a Member of Parliament. Both the trial Court and the Court of Appeal held that he was not so qualified.

The major complaint here is that the Court of Appeal did not re-evaluate the evidence before making its own conclusions. After perusing the record and considering the written submissions from both parties we are satisfied that the Court of Appeal adequately re-evaluated the evidence in the High Court and came to its own conclusion that the appellant was not qualified for nomination as a Member of Parliament because he did not have the requisite academic qualifications.

We find that, the Court of Appeal was justified in coming to that conclusion on the evidence on record. We are not persuaded that the Court of Appeal erred in the evaluation of the evidence and its conclusions.
 
Accordingly we find no merit in the appeal which is hereby dismissed with costs here and the Courts below.
 

Dated at Mengo this 20th day of June , 2007.


 

B.J.ODOKI
CHIEF JUSTICE


J.N.W.TSEKOOKO
JUSTICE OF THE SUPREME COURT


J.N.MULENGA
JUSTICE OF THE SUPREME COURT


G.W.KANYEIHAMBA
JUSTICE OF THE SUPREME COURT


B.KATUREEBE
JUSTICE OF THE SUPREME COURT