Wakilii

Electoral Commission v Honourable Ssekikubo Theodore (Civil Suit No. 035 of 2006)

High Court · [2008] UGHC 180 · 2008 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for special damages, general damages, aggravated damages, and declaratory relief arising from alleged disruption of district youth councilor elections
Decision
Suit dismissed with costs to the defendant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed the Electoral Commission's suit against a Member of Parliament for allegedly disrupting district youth councilor elections. The court found that the plaint disclosed a cause of action but the plaintiff failed to prove that the defendant disrupted the elections. The evidence showed that the elections failed primarily due to the incompetence of the returning officer who proceeded with counting despite objections concerning missing voters from four parishes. The plaintiff also failed to strictly prove special damages as required by law.

Outcome

Suit dismissed with costs to the defendant

Facts

Following the 2006 general elections, the Electoral Commission held elections on 27th April 2006 for youth councilors in Ssembabule District Local Council before an electoral college of over 200 voters. During the counting stage for the male youth councilor position, chaos erupted. The Electoral Commission alleged that the defendant, an MP, grabbed ballot papers from the box and ran into the crowd, forcing police to fire tear gas. The defendant contended that the chaos resulted from the Commission's denial of voting rights to members of four entire parishes whose names were missing from the voter's roll. The returning officer, against advice from candidates, political leaders, and police, insisted on proceeding with the count despite the tense atmosphere. The defendant was arrested but never charged. No male youth councilor was elected that day.

Issues

  1. Whether the plaint disclosed any cause of action against the defendant.
  2. Whether the defendant disrupted the elections at Ssembabule on 27th April 2006.
  3. Whether the plaintiff suffered any loss or damage.
  4. What remedies are available to the parties.

Orders

  • The plaintiff's case is dismissed with costs to the defendant.

Rules and key headnotes

Civil Procedure — Cause of Action — Test for Disclosure in Plaint
To disclose a cause of action, a plaint must show that the plaintiff enjoyed a right, that the right was violated, and that the defendant is responsible for the violation.
Civil Procedure — Frivolous and Vexatious Actions — Requirement to Plead
A court will not allow a defendant to raise the question of a suit being frivolous or vexatious where the issue was neither part of the agreed issues nor covered by the defendant's pleadings.
Evidence — Adverse Inference — Failure to Call Material Witnesses
Where a party fails to call material witnesses without credible explanation, the court may draw the inference that the evidence of those witnesses would have been adverse to that party's case.
Evidence — Special Damages — Strict Proof Required
Special damages must not only be specifically pleaded but must also be strictly proved. A budget containing estimates for anticipated expenditure is insufficient to prove actual expenditure incurred.
Electoral Law — Fitness for Parliament — Non-Justiciability
Whether a person is fit to be a member of Parliament on grounds outside constitutional and statutory qualifications is a political question to be determined by the electorate and not the courts.

Legislation cited (4)

Cases cited (5)

  • Auto Garage v Motokov (No.3) [1971] EA 514
  • Norman v Mathews (1916) 87 LJ KB 857
  • R v Dunn [1965] EA 565
  • J.K. Patel v Spear Motors Ltd (1993) VI KALR 85
  • Noordin Charania Walji v Drake Ssemakula (Supreme Court Civil Appeal No. 40 of 1995)

Full judgment

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

Electoral Commission v Honourable Ssekikubo Theodore (Civil Suit No. 035 of 2006) [2008] UGHC 180 (5 September 2008)
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.