Wakilii

Anthony Okello v Ojok B'leo and Others (Misc. Application No. 26 2006) (Misc. Application No. 26 2006)

High Court · [2006] UGHC 30 · 2006 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside dismissal order of election petition for want of prosecution
Decision
Application to set aside dismissal of election petition refused; underlying petition remains dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the application to set aside the dismissal of an election petition failed because the applicant and his counsel provided false evidence about their reason for non-appearance at the hearing. The court found that they did not travel in the vehicle they claimed broke down, as that vehicle was in a garage on the hearing date. The falsehoods went to the root of the application and rendered it unsupportable.

Outcome

Application to set aside dismissal of election petition refused; underlying petition remains dismissed

Facts

Following the 23 February 2006 parliamentary elections for Kioga constituency in Amolatar District, Anthony Okello filed an election petition after Ojok B'leo was declared the winner. The petition was scheduled for hearing on 10 May 2006. Neither the petitioner nor his counsel appeared in court on that date, and the petition was dismissed for want of prosecution with costs. Subsequently, the petitioner applied to set aside the dismissal, claiming that he and his counsel had traveled from Lira in vehicle UAD 376A which broke down at Lwala in Kaberemaido District, causing them to arrive late. The respondents filed affidavits from mechanics at a garage in Lira asserting that vehicle UAD 376A was in their custody on 10 May 2006 for repairs and had not left the garage between 9 and 11 May 2006. In cross-examination, the applicant could not identify the make of the vehicle he claimed to have traveled in.

Issues

  1. Whether sufficient cause was shown to set aside the dismissal of the election petition for want of prosecution.
  2. Whether the affidavits in support of the application contained falsehoods rendering the application liable to be rejected.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Civil Procedure — Applications to Set Aside Dismissal — Requirements for Establishing Sufficient Cause
In deciding whether to reinstate a suit dismissed for non-appearance, the main test is whether the applicant honestly intended to attend the hearing and did his best to do so; the other tests are the nature of the case and whether there is a prima facie chance of success.
Evidence — Affidavits — Effect of Falsehoods in Affidavit Evidence
Where an affidavit in support of an application contains obvious falsehoods, such falsehoods render the entire affidavit suspect and an application based on such an affidavit must fail. The entire affidavit must be disregarded and the application rejected.
Civil Procedure — Inherent Powers — Limits on Exercise of Inherent Jurisdiction
Section 98 of the Civil Procedure Act conferring inherent powers on the court is only applicable in ambiguous situations. Where there are clear provisions to cover a dispute, the court cannot invoke its inherent powers. Similarly, Article 126(2)(e) of the Constitution cannot be invoked where a dismissal was not based on a technicality but was a step provided for in law and a straightforward procedure.

Legislation cited (9)

Cases cited (2)

  • Bitaitana v Kananura (1977) HCB 34
  • Joseph Mulenga v Photo Focus (U) Ltd (1996) VI KALR 19

Full judgment

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

Anthony Okello v Ojok B'leo and Others (Misc. Application No. 26_2006) (Misc. Application No. 26_2006) [2006] UGHC 30 (24 July 2006)
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.