Role of Appellate Court

Nakendo v Mwondha ((09/2007)) [2008] UGSC 2 (22 January 2008);

Flynote: 

Search Summary: 

This is a second appeal arising from an election
petition filed in the High Court by the
Respondent. The High Court allowed the
Petition. The appellant unsuccessfully appealed
to the Court of Appeal, hence this appeal.
The background is that the appellant and the
respondent contested in an election which the

appellant won. The respondent sued
successfully on the ground of lack of academic
qualification at high court and court of appeal
hence this appeal on the grounds of non-
evaluation of evidence.

Headnote and Holding: 

The court held that that
the respondent’s case was sufficiently pleaded.
The appellant responded to it. Both parties
called evidence on it upon which the court
based its decision. That the certificates relied
upon by the NCHE were false and unauthentic.
That the court has power to hear and determine
a petition where it is alleged that a person was
not qualified for election on the grounds that
the papers he presented in order to obtain a
certificate of equivalence for nomination
purposes were not valid. The allegation, if
proved to the satisfaction of the court, would
go to the very root of the process leading to his
nomination and subsequent election. It is a
legitimate question that the Court must inquire
into.

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