Hon Tumuramye v Tayebwa and Another (Election Petition Appeal No. 8 of 2021)

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 Court of Appeal dismissed an appeal against the striking out of an election petition. It held that the petitioner's nomination form contained only nine of the ten signatures required by the Parliamentary Elections Act, so he was not validly nominated and lacked locus standi to challenge the election. The onus to establish locus standi rested on the petitioner, who had ample time to produce a properly signed nomination form but did not. An objection going to a petitioner's right to bring a petition is fundamental and may be determined as a preliminary point of law without a full trial. The equitable estoppel principle protecting unchallenged candidates did not assist the appellant, who could not come to equity with clean hands.

Outcome

Appeal dismissed; first Respondent confirmed as validly elected Member of Parliament for Kashongi County Constituency

Facts

The Appellant, the first Respondent and another candidate contested for Member of Parliament for Kashongi County Constituency, Kiruhura District, on 14 January 2021. The Electoral Commission declared the first Respondent the winner with 7,790 votes against the Appellant's 7,500 votes. The Appellant petitioned the High Court alleging non-compliance with electoral laws and illegal practices, seeking to be declared winner or alternatively a fresh election. At trial, the Respondents raised a preliminary objection that the Appellant was not a 'candidate' within the meaning of the Parliamentary Elections Act because his nomination form bore only nine signatures instead of the required ten, the signature against Akankwasa Samoi Nelson being missing. The Appellant claimed a properly signed form had been delivered to the Electoral Commission, but did not produce a certified copy or issue a notice to produce it despite having time to do so. The High Court held the Appellant lacked locus standi and struck out the petition. He appealed.

Issues

1. Whether the trial Judge erred in law in holding that the Petitioner was not validly nominated and therefore lacked locus standi to bring the petition.
2. Whether an election court may determine and dispose of an election petition on a preliminary objection without a full trial.

Orders

• Appeal dismissed.
• The trial Judge's decision upheld.
• The first Respondent confirmed as the validly and lawfully elected Member of Parliament for Kashongi County Constituency.
• Costs in the Court of Appeal and in the High Court to be borne by the Appellant.

Rules and key headnotes

Legislation cited (14)

• Parliamentary Elections Act 2005 s.60
• Parliamentary Elections Act 2005 s.61(3)
• Parliamentary Elections Act 2005 s.63(4)
• Parliamentary Elections Act 2005 s.63(6)
• Parliamentary Elections Act 2005 s.11(1)(c)
• Parliamentary Elections Act 2005 s.15(a) and (b)
• Evidence Act s.15
• Constitution of Uganda art.61
• Constitution of Uganda art.64(1)
• Electoral Commission Act s.1
• Parliamentary Elections (Interim Provisions) Rules r.26
• Parliamentary Elections (Interim Provisions) Rules r.3(d)
• Parliamentary Elections (Elections Petitions) Rules reg.22
• Judicature (Court of Appeal Rules) Directions S.I. 13-10 r.30(1)(a)

Cases cited (9)

• Mugema Peter v Mudiobole Abedi Nasser (Election Petition Appeal No. 30 of 2011)
• Paul Mwiru v Hon. Igeme Nabeta and Others (Election Petition No. 6 of 2011)
• Mukasa Harris v Dr. Lulume Bayiga (supra)
• Charles Lubowa V Makerere University C.A. No. 2 of 2077 (SC)
• Wanambwa Milton v Wanjusi Wasieba and Electoral Commission (Election Petition Appeal No. 1 of 2005)
• Macfoy v United Africa Co. Ltd [1961] 3 All ER 1169
• Nandagire Christine Ndiwalana v Katushabe Ruth (Election Petition Appeal No. 5 of 2021)
• Ongole James Michael v Electoral Commission and Another (Election Petition Appeal No. 8 of 2006)
• Namuiju Dionizia Cissy and the Electoral Commission V Martin Kizito Sserwanga Election Appeal No. 62 of 2076

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