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Oboth Marksons Jacob v National Resistance Movement (Misc. Appl. No. 108 2010)

High Court · [2010] UGHC 144 · 2010 Judicial Review Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking orders of certiorari, prohibition, and an injunction to quash and prevent use of the NRM voters' register for Iyolwa sub-county
Decision
Orders of certiorari, prohibition, and injunction granted; election results for Iyolwa sub-county based on the faulty register set aside as far as they affect the applicant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application for judicial review, quashing the NRM voters' register for Iyolwa sub-county on grounds that it contained fictitious parishes and villages, and prohibiting the respondent from using the register in its present form. The court held that the register was irregularly compiled contrary to the NRM Constitution and guidelines, that it included non-existent parishes resulting in ghost voters, and that the respondent acted without jurisdiction by conducting primaries despite a standing interim court order. An injunction was issued restraining the use of the faulty register.

Outcome

Orders of certiorari, prohibition, and injunction granted; election results for Iyolwa sub-county based on the faulty register set aside as far as they affect the applicant

Facts

The applicant, a prospective NRM parliamentary primary candidate for West Budama South Constituency, challenged the NRM voters' register for Iyolwa sub-county. He alleged it contained six fictitious parishes and 124 ghost villages totaling 13,359 non-existent voters. The correct parishes comprising Iyolwa sub-county were only four: Payem, Ojilai, Pabone, and Iyolwa. The applicant had lodged complaints with the NRM District Chairperson and Secretary General on 29 March 2010 and 29 April 2010, but the irregularities were not corrected. The applicant compared the NRM party register with the national voters' register and found a discrepancy of 13,791 voters. An interim order was issued by the Registrar pending the hearing. Despite the interim order, the respondent proceeded to conduct primary elections on 30 August 2010 and declared a winner on 9 September 2010. The respondent filed an affidavit in reply through an unauthorized person, Kamuduni Amuzata, a registered voter who claimed to have stumbled upon the application. The NRM Electoral Commission chairperson later filed a supplementary affidavit but did not deny the existence of ghost parishes or address the core allegations.

Issues

  1. Whether the NRM voters' register for Iyolwa Sub-county Tororo District was irregularly constituted.
  2. Whether the NRM register contains names of unknown or non-existent persons.
  3. Whether it is just and convenient to issue an injunction.
  4. Whether a person not authorized by a party has locus standi to file an affidavit in reply on behalf of that party.
  5. Whether the Registrar had jurisdiction to issue an interim order in a judicial review application.
  6. Whether the application was time-barred under the Judicature (Judicial Review) Rules 2009.

Orders

  • An order of certiorari shall issue to quash the voters' register for NRM members in Iyolwa sub-county and the decision of the respondent to use a faulty members' register for Iyolwa sub-county as far as it affects the applicant.
  • An order of prohibition shall issue to prevent the respondent from using the said register in its present form henceforth.
  • An injunction is issued against the respondent, its servants or agents from using the register of Iyolwa sub-county in its present form to conduct primaries in the constituency.
  • The applicant shall get the taxed costs of this application if a negotiated settlement with the respondent fails.

Rules and key headnotes

Judicial Review — Scope — Extension to Administrative Decisions of Statutory Bodies
Judicial review powers of the High Court cover not only judicial or quasi-judicial bodies or persons but also administrative decisions and actions of statutory bodies, authorities, or persons exercising statutory authority.
Judicial Review — Certiorari and Prohibition — Grounds for Issuance
Certiorari and prohibition are discretionary remedies issued if proved on a balance of probabilities that there was exercise of jurisdiction in excess or lack thereof, error of law on the face of the record, breach of natural justice, or where the decision was procured through fraud, collusion, or perjury.
Electoral Law — Political Parties — Party Registers — Requirement of Accuracy
A political party compiling a members' register must ensure the register is accurate and free from fictitious entries. Compilation of a proper register guarantees internal democracy in a political organization and election of party officials based on universal suffrage, and where this has not been done the High Court will intervene by way of review.
Civil Procedure — Affidavits — Locus Standi to Swear Affidavit in Reply on Behalf of Party
A person who is not an officer of a corporate party as envisaged under Order 29 rule 1 of the Civil Procedure Rules, and who has no authority conferred by the party's constitution, has no locus standi to swear an affidavit in reply on behalf of that party. Such an affidavit must be struck off the record.
Civil Procedure — Interim Orders — Registrar's Powers
Under Order 50 rule 3 of the Civil Procedure Rules, a Registrar has powers to deal with preliminary matters including interlocutory applications prior to the trial of a civil matter, including judicial review proceedings.
Administrative Law — Excess of Jurisdiction — Proceeding Despite Interim Court Order
An authority having jurisdiction exceeds its jurisdiction if it proceeds to arrogate an authority withheld from it by court. Where a statutory body proceeds with an action despite a standing interim court order, it acts without jurisdiction and its decisions are null and void ab initio.
Civil Procedure — Judicial Review — Time Limits for Filing
Under rule 5(1) of the Judicature (Judicial Review) Rules 2009, an application must be made within three months from the date when the grounds of the application first arose, but the court has discretion to extend the period within which to file the application if satisfied that there is good reason to do so. Time begins to run when the applicant obtains the decision or document complained of.

Legislation cited (19)

  • Judicature (Judicial Review) Rules 2009 r.3
  • Judicature (Judicial Review) Rules 2009 r.6
  • Judicature (Judicial Review) Rules 2009 r.7(3)
  • Judicature (Judicial Review) Rules 2009 r.9(3)
  • Judicature (Judicial Review) Rules 2009 r.10(1)
  • Judicature (Judicial Review) Rules 2009 r.5(1)
  • Judicature (Judicial Review) Rules 2009 r.6(3)
  • Judicature (Judicial Review) Rules 2009 r.6(4)
  • Civil Procedure Rules O.3 r.1
  • Civil Procedure Rules O.3 r.2
  • Civil Procedure Rules O.29 r.1
  • Civil Procedure Rules O.50 r.3
  • Civil Procedure Rules O.50 r.8
  • Political Parties and Organizations Act 2005 s.6(3)
  • Political Parties and Organizations Act 2005 s.10
  • Constitution of Uganda 1995 Art.71
  • Constitution of Uganda 1995 Art.72
  • Judicature Act Cap.13
  • Civil Procedure Act

Cases cited (7)

  • Wheeler v Leicester City Council [1985] 2 All ER 1106
  • John Kashaka Muhanguzi v Kapchorwa District Council & 2 Others (Misc. Application No. 129 of 2000)
  • R v Electricity Commissioners ex parte London Electricity Joint Committee [1924] 1 KB 171
  • Harriet Grace Bamale v Board of Governors of Makerere College School [1993] KALR 10
  • Stephen Byaruhanga v Mbarara Municipal Council [1995] 4 KALR 62
  • Re Bukeni Gyabi Fred (Misc. Application No. 63 of 1999) [1999] KALR 921
  • Bahemuka v Anywar [1987] HCB 71

Full judgment

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Oboth Marksons Jacob Vs National Resistance Movement (Misc. Appl. No. 108_2010) [2010] UGHC 144 (19 October 2010)
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.