Wakilii

Akampurira v The Democratic Party & 10 Ors (CIVIL SUIT NO. 157 OF 2015)

High Court · [2017] UGHCCD 100 · 2017 Suit Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for breach of party constitution
Decision
Suit dismissed; defendants' elections to party offices upheld

Observed later treatment

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Holding

The court held that the defendants were eligible members of the Democratic Party entitled to participate in the April–May 2015 party elections. Membership cards constituted prima facie evidence of membership, unrebutted by the plaintiff. The plaintiff failed to prove that defendants had not been active members for the required period or that they were disqualified by virtue of having previously contested on other party tickets. In the absence of a specific provision in the party constitution precluding such persons from holding party offices, the suit was dismissed.

Outcome

Suit dismissed; defendants' elections to party offices upheld

Facts

The plaintiff sued the Democratic Party, its officials, and eight elected office bearers, alleging breach of the party constitution when elections were held in Makindye Division between April and May 2015. The plaintiff claimed that the 4th to 11th defendants were not qualified to stand for party office under Articles 4 and 64 of the party constitution because they had not been active members for three years and had previously contested general elections on independent or other party tickets. The defendants averred they were party members holding valid membership cards, and that the elections were held in compliance with the Political Parties Organisation Act s.10(3) requiring parties to hold delegate conferences prior to the 2016 general elections. The case was determined on witness statements, documentary evidence, and written submissions without cross-examination.

Issues

  1. Whether the 4th to 11th defendants are members of the Democratic Party who have actively participated in its activities for more than three years.
  2. Whether the 4th to 11th defendants were duly elected in their positions in the grass root elections organised and conducted by the 1st defendant in Makindye Division in accordance with the Democratic Party constitution.

Orders

  • Suit dismissed.
  • No order as to costs as this is a public interest litigation.

Rules and key headnotes

Electoral Law — Political Parties — Party Membership — Qualification for Party Office — Active Membership Requirement
Party membership cards constitute prima facie evidence of party membership which can only be rebutted by credible contradictory evidence. Where a plaintiff challenges party membership but does not rebut membership cards produced by defendants, the court will find on a balance of probabilities that the defendants are party members.
Electoral Law — Political Parties — Party Constitution — Eligibility for Party Office — Prior Participation on Other Tickets
In the absence of a specific provision in a party constitution precluding persons who previously contested elections on independent or other party tickets from holding party offices, such persons remain eligible to participate in party elections provided they meet the general membership requirements.
Constitutional Law — Parliamentary Representation — Party Crossing — Article 83 — Limited Application to Parliament
The constitutional principle in Article 83 of the Constitution (as interpreted and subsequently amended by the Constitutional Amendment Act 2015) regulates the effect of changing political parties at the level of Parliament only and does not extend to local government elections or internal party office elections.
Constitutional Law — Form Over Substance — Curable Defects — Article 126(2)(e)
Courts take a liberal approach to matters of form. Errors or omissions in the format of witness statements or affidavits are curable under Article 126(2)(e) of the Constitution, which empowers courts to administer substantive justice without undue regard to technicalities.
Civil Procedure — Pleadings — Departure from Pleadings — Amendment Required — Order 6 Rule 7 CPR
A party is bound to prove the case as alleged in the pleadings and as covered in the issues framed. A party will not be allowed to succeed on a case not set up in the pleadings or to set up a case inconsistent with the pleadings without first amending them in accordance with Order 6 Rule 7 of the Civil Procedure Rules.

Legislation cited (8)

Cases cited (2)

  • George Owor v Attorney General and Hon. William Okecho (Constitutional Petition No. 38 of 2010)
  • Interfreight Forwarders (U) Ltd v East Africa Development Bank (Civil Appeal No. 33 of 1992)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Akampurira Vs The Democratic Party & 10 Ors (CIVIL SUIT NO. 157 OF 2015) [2017] UGHCCD 100 (8 June 2017)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.