Preliminary Objections

Kubeketerya Vs Waira Kyenalabye & Anor (ELECTION PETITION APPEAL NO. 97 OF 2016) [2017] UGCA 107 (1 December 2017);

Flynote: 

Search Summary: 

The applicant and the respondent contested in a parliamentary election in which the respondent was
declared successfully elected. The appellant challenged the 1 st respondent’s election and the petition was
dismissed hence the appeal. At the hearing of the appeal, the respondents raised a preliminary objection
to the effect that the appellant’s memorandum of appeal had been filed out of time.

Headnote and Holding: 

The court observed that the rules governing prosecution of election petitions and appeal arising from are
couched in mandatory terms with the purpose that such matters are handled expeditiously within the set
time limits which must be strictly adhered to.
The notice of appeal was struck out and the judgment of the trial judge was upheld.

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