Wakilii

Julius Maganda v National Resistance Movement (HCMA NO. 154 OF 2010) (HCMA NO. 154 OF 2010)

High Court · [2011] UGHC 4 · 2011 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking prerogative orders to quash declaration of NRM flag bearer and compel decision on petition
Decision
Application dismissed on preliminary objection — rendered moot by applicant's nomination as independent candidate

Observed later treatment

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Holding

A judicial review application challenging a political party's internal primary election decision becomes moot when the applicant opts to stand as an independent candidate and is nominated by the Electoral Commission, thereby ceasing membership of the party and losing locus standi. An affidavit supporting a substantive application for judicial review must be confined to facts within the deponent's own knowledge; hearsay evidence contravenes O.19 r.3 CPR. A person adversely affected by a court decision must be joined as a party to satisfy the constitutional right to be heard. Application dismissed.

Outcome

Application dismissed on preliminary objection — rendered moot by applicant's nomination as independent candidate

Facts

Maganda and Opio contested NRM primary elections for Samia Bugwe South Constituency on 9 September 2010. Opio was declared winner with 21,354 votes against Maganda's 20,324. Maganda petitioned the NRM on 13 September 2010 alleging irregularities. The NRM did not respond to the petition but endorsed Opio as flag bearer. Maganda filed for judicial review on 9 November 2010 seeking certiorari to quash the declaration, mandamus to compel the NRM to decide his petition, prohibition to prevent Opio's endorsement, and an injunction. On 23 November 2010, the NRM nominated Opio through the Electoral Commission. Maganda was also nominated as an independent candidate. At the hearing, the respondent raised preliminary objections challenging locus standi, the affidavit's defects, non-joinder of Opio, and mootness.

Issues

  1. Whether the application had been overtaken by events rendering it moot
  2. Whether the affidavit in support was defective for containing hearsay evidence
  3. Whether the applicant retained locus standi after opting to stand as an independent candidate
  4. Whether Gabriel Opio should have been joined as a party to the application

Orders

  • Application dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Judicial Review — Mootness — Cessation of Party Membership
A court will not decide cases where no live dispute exists between the parties. Where an applicant seeking judicial review of a political party's internal decision opts to stand as an independent candidate and is nominated by the Electoral Commission, the applicant ceases to be a member of the party under Article 8(5)(c) of the NRM Constitution, loses locus standi to challenge the party's decisions, and the application becomes moot.
Locus Standi — Political Party Disputes — Membership Requirement
To challenge the decision of a political party or organisation, a person must be a member of that party. This locus standi exists only so long as the complainant remains a member and pays allegiance to the party. A person cannot be an independent candidate and simultaneously be a member of a political party for purposes of challenging that party's internal decisions.
Affidavits — Hearsay — Application for Judicial Review
An application for judicial review is a substantive application which disposes of the rights of parties finally as a suit. Under O.19 r.3(1) of the Civil Procedure Rules, an affidavit in support must be confined to facts within the deponent's own knowledge. Statements of belief based on information from undisclosed sources constitute inadmissible hearsay and render the affidavit defective.
Parties — Joinder — Right to Be Heard
Where a person would be adversely affected by the outcome of an application, that person must be joined as a party. The right to a fair hearing under Article 28(1) and Article 44(c) of the Constitution is sacrosanct and non-derogable. Failure to join a necessary party whose rights would be affected violates the rules of natural justice.

Legislation cited (11)

Cases cited (4)

  • Hon. Justice R.O. Okumu Wengi v Attorney General (Misc. Application No. 233 of 2006)
  • Mayers and Another v Akira Ranch Ltd [1974] EA 169
  • Hon. Anifa Bangirana Kawooya v Attorney General and Another (Constitutional Misc. Application No. 42 of 2010)
  • Jacob Oboth (Mbale Misc. Application No. 108 of 2010)

Full judgment

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

Julius Maganda Vs National Resistance Movement (HCMA NO. 154 OF 2010) (HCMA NO. 154 OF 2010) [2011] UGHC 4 (11 January 2011)
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.