Wembabazi v NRM Election Disputes Tribunal and Anor (Miscellaneous Cause No. 15 of 2020)

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

The High Court dismissed the judicial review application on four preliminary objections. The court held that the NRM Election Disputes Tribunal, being an ad hoc body without corporate personality, is not a suable entity. The applicant failed to exhaust internal party remedies before seeking judicial review. The application was overtaken by events as the applicant had already been nominated as an independent candidate. The applicant had participated in and conceded to the tribunal process, precluding challenge to the decision-making process.

Outcome

Application dismissed on preliminary objections without determination on merits

Facts

The applicant and 2nd respondent contested NRM party primaries for Hoima district Woman Member of Parliament. The returning officer declared the applicant winner. The 2nd respondent petitioned the NRM Election Disputes Tribunal, which heard the matter inter-parties and declared the 2nd respondent winner. The applicant filed a judicial review application seeking certiorari, prohibition and declarations. Before hearing, respondents raised four preliminary objections concerning the tribunal's legal capacity to be sued, failure to exhaust internal remedies, the application being overtaken by events as the applicant had been nominated as an independent candidate, and the applicant's participation in the tribunal process.

Issues

1. Whether the 1st respondent (NRM Election Disputes Tribunal) is a legal entity capable of being sued
2. Whether the application was filed prematurely without exhausting internal party remedies
3. Whether the application has been overtaken by events given the applicant's nomination as an independent candidate
4. Whether the applicant conceded to the process leading to the tribunal's decision

Orders

• All four preliminary objections raised by counsel for the respondents are upheld.
• The application is dismissed.
• No order as to costs.

Rules and key headnotes

Legislation cited (12)

• Constitution of Uganda Article 28(1)
• Constitution of Uganda Article 42
• Constitution of Uganda Article 44
• Constitution of Uganda Article 50
• Constitution of Uganda Article 72(4)
• Constitution of Uganda Article 139
• Judicature Act Cap 13 s.36
• Judicature Act Cap 13 s.38
• Political Parties and Organizations Act 2005 s.6(3)
• Judicature (Judicial Review) Rules SI 11 of 2009 Rules 3, 4, 5, 6, 7
• Judicature (Judicial Review) (Amendment) Rules 2019 Rule 7A(1)
• NRM Election Regulations 2020 Reg 20(5)(b)(1)

Cases cited (10)

• The Registered Trustees of Rubaga Miracle Centre v Mulangira Ssimbwa (HCMA No. 576 of 2006)
• Clear Channel Independent (U) Ltd v Public Procurement & Disposal of Public Assets Authority (HCMC No. 156 of 2008)
• John Jet Tumwebaze v Makerere University Council and Others (Civil Application No. 353 of 2005)
• Fort Hall Bakery Supply Co v Frederick Muigai Wangoe [1959] EA 474
• Sabric International Ltd v Attorney General (CACA No. 21 of 2015)
• Hajji Iddi Lubyayi Kisiki v Katushabe Ruth and NRM (HCMC No. 26 of 2020)
• Speaker of National Assembly v Ngenga Karume [2008] 1 KLR 425
• Atukwasa Rita Bwanika v NRM and Another (HCMC EP No. 6 of 2020)
• Julius Maganda v NRM (HCMC No. 154 of 2010)
• Koluo Joseph Andres and 2 Others v Attorney General (Miscellaneous Cause No. 106 of 2010)

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.

• Natamba Pascal v National Resistance Movement and Another (Miscellaneous Cause No. 165 of 2025)
• Niwabiine & Others v National Resistance Movement & Another (Miscellaneous Cause 143 of 2022)

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