Ruth Asiimwe Karyaruju v Namara Grace (Civil Suit No. 198 of 2010)

Observed later treatment

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

A preliminary objection to jurisdiction raised at hearing commencement may be entertained where it concerns an irregularity requiring cure before substantive trial, even if not raised at scheduling conference. A suit challenging a candidate's academic qualifications does not oust the High Court's jurisdiction in favour of the Electoral Commission where it involves investigation of alleged illegality requiring witness testimony and cross-examination, not merely complaints of electoral irregularities within the Electoral Commission's exclusive mandate under s.15 Electoral Commission Act.

Outcome

Preliminary objection dismissed; matter to proceed to substantive hearing

Facts

The plaintiff and defendant were both candidates in National Resistance Movement primary elections for Woman Member of Parliament for Lyantonde District. The plaintiff filed suit challenging the defendant's candidature on grounds that she lacked the requisite academic qualifications to be nominated for elections as a Member of Parliament. The plaintiff later withdrew the suit against the National Resistance Movement. A scheduling conference was held on 13 January 2011, where parties agreed on one issue but disputed another. When the case was called for hearing on 27 January 2011, counsel for the defendant raised a preliminary objection that the suit was untenable and irrelevant following conclusion of the NRM elections, and that it was a pre-polling petition incompetent before the High Court as such matters fall within the Electoral Commission's exclusive mandate under s.15 of the Electoral Commission Act.

Issues

1. Whether the preliminary objection that the suit is untenable and irrelevant following conclusion of NRM primary elections should be upheld.
2. Whether this Court has jurisdiction to hear the matter or whether it falls within the exclusive mandate of the Electoral Commission under s.15 of the Electoral Commission Act.

Orders

• The preliminary objection raised by Counsel for the defendant is dismissed.
• The costs will abide the outcome of the main suit.

Rules and key headnotes

Legislation cited (4)

• Electoral Commission Act s.15
• Civil Procedure Rules O.6 r.6
• Constitution of Uganda Art.64(1)
• Constitution of Uganda Art.61(1)(f)

Cases cited (2)

• Nassan Wasswa & 9 Others v Uganda Rayon Textiles [1982] HCB 137
• MUZOORA AMON R.K VS THE NATIONAL RESISTANCE MOVEMENT ORGANISATION & 2 OTHERS

Cases citing this judgment (2)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Lutaaya v Sterling Civil Engineering Co. Limited (Civil Suit No. 494 of 1995)
• Historic Resources Conservation Initiatives & Ors v Attorney General (Civil Suit No. 53 of 2011)

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