Kyagulanyi Ssentamu Robert v Yoweri Museveni Tibuhaburwa & Others (Miscellaneous Application 1 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Supreme Court disallowed the applicant's proposed amendments to his presidential election petition. The matters concerning non-compliance with electoral laws and the commission of electoral offences were already pleaded in the petition, leaving the petitioner only to adduce evidence in proof of them. The proposed amendment raising the question of the 1st Respondent's qualification was a new matter falling outside the limitation period prescribed for filing a presidential election petition and was therefore disallowed. The application was accordingly disallowed, with detailed reasons to follow in the final judgment, and costs ordered to be in the cause.
Outcome
Application to amend the petition disallowed; detailed reasons reserved to the final judgment
Facts
The applicant, having filed Presidential Petition No. 1 of 2021 challenging the 2021 presidential election, sought leave to amend the petition. The proposed amendments concerned non-compliance with electoral laws and the alleged commission of electoral offences, and additionally sought to raise the question of the qualification of the 1st Respondent. The respondents opposed the application. The Court found that the matters relating to non-compliance and electoral offences were already pleaded in the existing petition. The proposed amendment concerning the 1st Respondent's qualification, however, introduced a new matter that fell outside the limitation period provided for filing a presidential election petition.
Issues
- Whether the proposed amendments concerning non-compliance with electoral laws and the commission of electoral offences should be allowed.
- Whether the proposed amendment introducing the question of the 1st Respondent's qualification should be allowed where it raises a new matter outside the limitation period for filing a presidential election petition.
Orders
- Application disallowed.
- Detailed reasons to be given in the final Judgment.
- Costs to be in the cause.
Rules and key headnotes
Full judgment
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