Wakilii

Isingoma Mugimba v Electoral Commission and Another (Civil Suit No. 6 of 2021)

High Court · [2021] UGHCEP 32 · 2021 Application Granted with Costs AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil suit seeking declarations and damages arising from alleged contempt of court order and nomination of second defendant as NRM flag bearer
Decision
Suit withdrawn with costs to defendants; second defendant remains elected LC5 Chairperson of Masindi District

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the plaintiff leave to withdraw the civil suit challenging the nomination of the second defendant as NRM flag bearer for LC5 Chairperson Masindi District. The court held that withdrawal of an election-related matter must be with costs under section 144(4) of the Local Government Act Cap 243, and awarded costs to both defendants limited to lawyers' fees only.

Outcome

Suit withdrawn with costs to defendants; second defendant remains elected LC5 Chairperson of Masindi District

Facts

The plaintiff and second defendant contested in NRM party primaries for LC5 Chairperson Masindi District. The returning officer declared the second defendant winner with 24,744 votes (54.44%) against plaintiff's 20,708 votes (45.6%). The plaintiff petitioned the NRM Elections Dispute Tribunal, which declared him the winner. The second defendant sought judicial review (HCMC No. 14 of 2020) and obtained an interim order stopping plaintiff's nomination, which was later vacated. The Electoral Commission nominated the second defendant as NRM flag bearer while the plaintiff sought nomination as independent. Both participated in general elections where the second defendant won. The plaintiff then filed this civil suit seeking declarations and damages for alleged contempt of court order.

Issues

  1. Whether the plaintiff should be granted leave to withdraw the suit.
  2. Whether costs should be awarded to the defendants upon withdrawal of the suit.

Orders

  • Withdrawal of the suit allowed.
  • Costs awarded to both defendants limited to lawyers' fees only.
  • The second defendant remains the elected LC5 Chairperson of Masindi District.
  • Registrar directed to forward the withdrawal for gazetting in accordance with section 142(5)(b)(ii) of the Local Government Act Cap 142.

Rules and key headnotes

Civil Procedure — Withdrawal of Suit — Costs
Where a party withdraws a suit that is election-related in nature, costs must be awarded to the respondent under section 144(4) of the Local Government Act Cap 243, notwithstanding the general provisions of Order 25 of the Civil Procedure Rules which allow withdrawal without costs in certain circumstances.
Electoral Law — Election Petitions — Withdrawal — Gazetting Requirement
Upon withdrawal of an election-related matter, the Registrar must forward the withdrawal for gazetting in accordance with section 142(5)(b)(ii) of the Local Government Act Cap 142.

Legislation cited (3)

Full judgment

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

Isingoma Mugimba v Electoral Commission and Another (Civil Suit No. 6 of 2021) [2021] UGHCEP 32 (23 August 2021)
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.