Civil Remedies

Magombe v Electoral Commission & Anor (ELECTION PETITION APPEAL NO.088 OF 2016) [2018] UGCA 32 (1 June 2018);


Search Summary: 

This is an appeal against the decision where the judge nullified an election. The judge held that the second respondent was validly nominated which the appellant is dissatisfied with. The appeal is on grounds that the trial judge erred in the evaluation of evidence thus holding that the respondent had requisite academic documents. The second respondent also appealed against the decision that the judge failed to evaluate the evidence and also her failure to dismiss the petition.

Headnote and Holding: 

On the appearance of the name on the academic documents and on nomination, court held that burden is on the petitioner who claims that a party does not have the requisite documents bears the burden to prove the allegation and that writing of the same name in different ways does not constitute proof of invalidity. Further, that this evidence was insufficient to shift the burden and thus upheld the trial judge’s findings on the academic qualifications. On the outcome of the elections court upheld the decision of the lower court when she held that it was difficult to ascertain the eventual winner in light of the altered results in 19 polling stations. On costs court observe that although the trial judge did not give her justifications to the costs, the award is not illegal. On evidence court held that the respondent should have been given an opportunity to tender in evidence the results of polling stations whose final figures he disputes. Court further orders a retrial strictly with regard to this aspect. 


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