Electoral Commission v Among (Civil Revision 8 of 2011)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court found that the trial magistrate did not act with material irregularity in awarding special damages, as the vehicle hire issue was never raised at trial and damages awarded were less than proved. However, the total damages award of 26,575,000 UGX exceeded the Grade One Magistrate's pecuniary jurisdiction limit of 20,000,000 UGX. The court reduced general damages to bring the total award within jurisdictional limits. The applicant was not denied a fair hearing as both parties were given time to file submissions.

Outcome

Damages reduced to comply with pecuniary jurisdiction; judgment otherwise affirmed

Facts

The respondent filed a civil suit initially in Kampala High Court which was transferred through Mbale and Soroti before landing at Kumi Grade One Court. At Soroti, an interlocutory judgment was set aside by Justice Musota who ordered the case proceed inter parties. At Kumi Grade One Court, after defense closed, both parties were ordered to file written submissions by 1 March 2011. Judgment was delivered on 6 April 2011 in presence of plaintiff's counsel but without defense counsel. The magistrate awarded special damages of 6,575,000 UGX and general damages of 20,000,000 UGX plus costs. The applicant Electoral Commission challenged this on grounds that special damages were awarded for transporting supporters without required police stickers under the Parliamentary Elections Act, and that it was denied opportunity to file written submissions. The respondent had proven expenses including vehicle hire, nomination fees, airtime, posters, T-shirts, and supporter accommodation totaling approximately 11,900,000 UGX, with receipts tendered without objection.

Issues

1. Whether the trial magistrate exercised jurisdiction with material irregularity by awarding special damages for vehicle hire when police stickers were allegedly not obtained.
2. Whether the trial magistrate exceeded the pecuniary jurisdiction of a Grade One Magistrate's Court.
3. Whether the applicant was denied the right to a fair hearing by not being afforded an opportunity to file written submissions.

Orders

• Revision application partially succeeds.
• General damages reduced from 20,000,000 UGX to 13,425,000 UGX.
• Special damages of 6,575,000 UGX affirmed.
• Total award now stands at 20,000,000 UGX (6,575,000 special damages plus 13,425,000 general damages).
• Each party to bear its own costs of the revision application.
• Costs of the lower court to the respondent.

Rules and key headnotes

Legislation cited (4)

• Parliamentary Elections Act s.11(7)
• Parliamentary Elections Act s.11(8)
• Magistrates Courts Act s.207(1)(b)
• Magistrates Courts Act s.207(4)

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