Wakilii

Tamusuza Juma v Electoral Commission (Election Petition Appeal 13 of 2019)

High Court · [2024] UGHCCD 55 · 2024 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from Makindye Chief Magistrates Court decision nullifying appellant's election as LC1 Chairperson
Decision
Appeal dismissed. Lower court decision nullifying appellant's election as LC1 Chairperson upheld. Order for re-election rendered ineffective by statutory renewal of LC1 terms.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court dismissed an appeal challenging the nullification of an LC1 election. The trial Magistrate had properly rejected an uncertified photocopy of Form EC 10 purporting to show election results where authenticity was in doubt. Public documents under the Evidence Act require production of originals or certified copies where authenticity is contested. The appellant produced no evidence that he had requested a certified copy from the Electoral Commission or explained why the Commission as a party did not produce the original.

Outcome

Appeal dismissed. Lower court decision nullifying appellant's election as LC1 Chairperson upheld. Order for re-election rendered ineffective by statutory renewal of LC1 terms.

Facts

Tamusuza Juma was declared winner of the LC1 Chairperson election for Bongole Cell on 10 July 2018, receiving 250 votes against Kibirige Joseph's 231 votes. Kibirige Joseph filed an election petition alleging irregularities and non-compliance with electoral laws. Evidence indicated the election of 10 July 2018 was cancelled due to chaos and a re-run was conducted on 11 July 2018, but no official return for the 11 July election was produced. The appellant relied on Form EC 10 dated 10 July 2018 showing his victory. The trial Magistrate found the photocopy of Form EC 10 unreliable as it was unsigned by all candidates, showed only two candidates when four allegedly contested, and related to the cancelled election. The Magistrate nullified the appellant's election and ordered a fresh election. The appellant appealed, arguing the trial court failed to properly evaluate the evidence of 250 voters lining up behind him.

Issues

  1. Whether the trial Magistrate erred in failing to evaluate evidence of 250 voters lining up behind the Appellant as elected LC1 Chairperson.
  2. Whether the trial Magistrate properly considered the authenticity of Form EC 10 showing election results.

Orders

  • Appeal dismissed.
  • Judgment and decree of the trial Magistrate upheld and maintained.
  • Each party to bear their own costs of the appeal and in the lower court.
  • Order of the trial court awarding costs to the petitioner against the Electoral Commission not interfered with.

Rules and key headnotes

Evidence — Public Documents — Proof of Contents — Requirement for Original or Certified Copy
Public documents including Electoral Commission forms must be proved by production of the original or a certified copy thereof where authenticity is contested. A photocopy is insufficient where questions exist over authenticity and no explanation is provided for failure to obtain certification.
Electoral Law — Election Petitions — Burden of Proof — Standard of Proof
The burden of proof in an election petition lies on the petitioner to prove the assertions raised. The standard of proof required in Local Council election petitions is to the satisfaction of the court as provided under Section 139 of the Local Governments Act Cap 243.
Evidence — Public Documents — Form EC 10 — Exception Where Certified Copy Refused
Where a party requests the Electoral Commission for a certified copy of Form EC 10 and the Commission refuses or fails to provide the same, the court may exceptionally rely on an uncertified copy produced by the party. However, where there is no indication that a certified copy was requested and no explanation for the Commission's failure to produce the original or certified copy, the uncertified document lacks reliability.
Civil Procedure — Appeals — Duty of First Appellate Court
The duty of a first appellate court is to scrutinize and re-evaluate the evidence on record and come to its own conclusion. The court must consider the evidence on any issue in its totality and not any piece in isolation, making allowance for the fact that it has neither seen nor heard the witnesses.

Legislation cited (10)

Cases cited (9)

  • Fredrick Zaabwe v Orient Bank Ltd (Court of Appeal Civil Appeal No. 4 of 2006)
  • Kifamunte Henry v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • Baguma Fred v Uganda (Supreme Court Criminal Appeal No. 7 of 2004)
  • Kyakulaga Bwino Fred & EC v Waguma Badogi Ismail, Election Petition Appeals No. 15 and 20 of 2016
  • Akuguzibwe Lawrence v Muhumuza David & 2 Others, Election Petition Appeal No. 22 of 2016
  • Mutembuli Yusuf v Nagwomu Moses Masamba & EC, Election petition Appeal No. 43 of 2016
  • Acen Christine Ayo v Abongo Elizabeth, Election Petition Appeal No. 58 of 2016
  • Abdul Balingira Nakendo v Patrick Mwondha (Supreme Court Election Appeal No. 9 of 2006)
  • Kakooza John Baptist v Yiga Anthony & Anor, EPA No. 11 of 2007

Full judgment

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

Tamusuza Juma v Electoral Commission (Election Petition Appeal 13 of 2019) [2024] UGHCCD 55 (23 April 2024)
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.