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Hassan Lwabayi Mudiba and Another v Electoral Commission (Miscellaneous Application No.275 of 2018)

High Court · [2018] UGHCCD 273 · 2018 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review and temporary injunction arising from Electoral Commission decision on workers' councillor elections guidelines; respondent raised preliminary objection on jurisdiction
Decision
Application and main cause struck out for incompetence due to wrong procedure

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court struck out the application for judicial review and temporary injunction. The Court held that Article 64 of the Constitution and section 15 of the Electoral Commission Act vest the High Court with appellate jurisdiction only in electoral complaints, not original jurisdiction. Applicants who had lodged a complaint with the Electoral Commission and received a decision must appeal that decision under the constitutional procedure, not seek judicial review in the High Court's original jurisdiction.

Outcome

Application and main cause struck out for incompetence due to wrong procedure

Facts

The applicants sought judicial review of the Electoral Commission's decision communicated in guidelines for elections of workers' councillors to local government councils, seeking orders to quash the decision, compel compliance with the Local Government Act, prohibition, and damages. They also filed an application for temporary injunction to restrain the elections scheduled for 29 May 2018. The first applicant had lodged a complaint dated 10 May 2018 with the Electoral Commission, which responded on 14 May 2018. The respondent raised a preliminary objection that the applicants had used the wrong procedure by seeking judicial review instead of appealing the Electoral Commission's decision as required by Article 64 of the Constitution and section 15 of the Electoral Commission Act.

Issues

  1. Whether the High Court has original jurisdiction to hear and determine an application for judicial review in disregard of the constitutional appeal procedure set out for electoral complaints.

Orders

  • Application for temporary injunction struck out.
  • Main application for judicial review struck out.
  • No order as to costs.

Rules and key headnotes

Electoral Law — Jurisdiction — Procedure for Electoral Complaints — Constitutional Appeal Process
Where the Constitution vests the High Court with appellate jurisdiction to hear appeals from Electoral Commission decisions under Article 64, the High Court cannot exercise original jurisdiction by way of judicial review over the same matter.
Judicial Review — Availability — Existence of Statutory Appeal
Judicial review is not available as an alternative remedy where the Constitution or statute provides a specific appeal procedure for challenging a decision, and the applicant must follow the prescribed appeal route.
Civil Procedure — Jurisdiction — Original versus Appellate Jurisdiction
A court cannot exercise dual jurisdiction over the same subject matter; where a court is vested with appellate jurisdiction by the Constitution, it cannot simultaneously exercise original jurisdiction through a different procedural route.
Electoral Law — Complaints to Electoral Commission — Exhaustion of Statutory Remedies
A person who lodges a complaint with the Electoral Commission under Article 61(1)(f) and receives a decision must appeal that decision to the High Court under Article 64(1) and section 15 of the Electoral Commission Act; the decision of the High Court on such appeal is final.

Legislation cited (6)

Cases cited (5)

  • Koboko District Local Government v Okujjo Swali (High Court Miscellaneous Application No. 1 of 2016)
  • R v Secretary of State for the Home Department ex parte Doody [1994] 1 AC 531
  • Uganda Revenue Authority v Rabbo Enterprises (U) Ltd & Mt Elgon Hardwares Ltd (Civil Appeal No. 12 of 2004)
  • Charles Nsubuga v Eng Badra Kiggundu & 3 Others (Miscellaneous Cause No. 148 of 2015)
  • Tweheyo vs Electoral Commission

Full judgment

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

Hassan Lwabayi Mudiba and Another v Electoral Commission (Miscellaneous Application No.275 of 2018) [2018] UGHCCD 273 (28 May 2018)
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.