Wakilii

Aligawesa v Byandala and Another (Election Petition Appeal 24 of 2011)

Court of Appeal · [2014] UGCA 149 · 2014 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from High Court dismissal of a parliamentary election petition
Decision
Appeal dismissed; dismissal of the election petition upheld and the 1st respondent's election stands.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal dismissed the appeal against the dismissal of a parliamentary election petition. It held that a trial judge who, being unsatisfied with the credibility of partisan witnesses, looks for independent corroborating evidence does not thereby increase the statutory balance-of-probabilities standard under the Parliamentary Elections Act. The Court found no reason to interfere with the trial judge's evaluation of evidence concerning alleged bribery at Dekabusa and Kiwumpa Church of Uganda, accepting that the money given was for refreshments at a campaign planning meeting, falling within the exception in section 68(3). Affidavits invalid under the Illiterates Protection Act and Oaths Act, and retracted affidavits, were rightly rejected.

Outcome

Appeal dismissed; dismissal of the election petition upheld and the 1st respondent's election stands.

Facts

The appellant and the first respondent, with seven others, contested the parliamentary seat for Katikamu North Constituency in the 18 February 2011 general elections. The first respondent was declared winner and the second respondent (Electoral Commission) conducted the elections. The appellant filed an election petition challenging the result, alleging illegal practices, bribery and non-compliance with electoral law. The principal allegations concerned bribery at Dekabusa and at Kiwumpa Church of Uganda, where the first respondent admitted holding a meeting and giving money said to be for drinks. A video showed the first respondent giving money to a voter to distribute. Numerous other bribery allegations across the constituency were raised. The High Court dismissed the petition, finding the grounds not proved on a balance of probabilities and any non-compliance not substantial. Many supporting affidavits were rejected as invalid under the Illiterates Protection Act and Oaths Act, and several witnesses had retracted earlier affidavits, undermining their credibility.

Issues

  1. Whether an illegal practice of bribery contrary to section 68 of the Parliamentary Elections Act was committed in connection with the election by the first respondent personally or with his knowledge, consent or approval.
  2. Whether the trial Judge properly evaluated the evidence on record.
  3. Whether the appellant was entitled to the remedies sought.

Orders

  • Appeal dismissed.
  • Appellant to pay costs to the respondents, with 75% to the 1st respondent and 25% to the 2nd respondent, both in the Court of Appeal and the court below.

Rules and key headnotes

Electoral Law — Standard of Proof — Independent Corroboration and the Balance of Probabilities
A trial judge who, being unsatisfied with the credibility of partisan witnesses, looks for independent and cogent corroborating evidence does not thereby increase the statutory standard of proof on a balance of probabilities required to set aside a parliamentary election.
Evidence — Corroboration — When Corroboration is Required
In election petitions evidence does not invariably require corroboration, but the evidence adduced must be strong enough to prove the alleged facts on a balance of probabilities; the law specifies the instances where a particular type of evidence must be corroborated.
Electoral Law — Bribery — Exception for Refreshments at a Campaign Planning Meeting
Money or refreshments provided by a candidate as an election expense at a campaign planning and organisation meeting fall within the exception in section 68(3) of the Parliamentary Elections Act and do not constitute the illegal practice of bribery.
Electoral Law — Bribery — Ingredients of the Offence
To prove bribery under section 68 of the Parliamentary Elections Act the petitioner must establish that a gift was given to a voter, that it was given by a candidate or his agent, and that it was given with the intent of inducing the person to vote or refrain from voting.
Evidence — Affidavits — Validity and Retraction
Affidavits deponed to in disregard of the Illiterates Protection Act and the Oaths Act are invalid in law, and a witness who retracts an earlier affidavit without satisfactory justification loses credibility and becomes unworthy of belief.
Civil Procedure — Appellate Review — Duty of First Appellate Court to Re-evaluate Evidence
A first appellate court has a duty to re-appraise the evidence adduced at trial and draw its own inferences of fact, but it should not interfere with a trial judge's findings on the credibility of witnesses where there is no good reason to do so.

Legislation cited (8)

Cases cited (4)

  • Edward Mukasa Empissa v Daniel Kyewalabye Musoke (Court of Appeal Election Appeal No. 2 of 1998)
  • Dr. Kizza Besigye v Electoral Commission and Yoweri Kaguta Museveni (Presidential Election Petition No. 1 of 2006)
  • Pandya v R [1957] EA 336
  • Kifamunte Henry v Uganda (Criminal Appeal No. 10 of 1997)

Full judgment

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

Aligawesa v Byandala and Another (Election Petition Appeal 24 of 2011) [2014] UGCA 149 (5 August 2014)
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.