Ntende Vs Isabirye (Election Petition Appeal No. 74 of 2016) [2017] UGCA 66 (15 November 2017)

Flynote

Civil Procedure|Actions and applications|Appeals and reviews

Case summary

The court observed its role as the first appellate court to re-evaluate the evidence and that it was a duty of the appellant to adduce cogent evidence free from contradictions and truthful so that judgment is given in their favor. On allegations of bribery, the court observed that the court had to carefully examine the evidence as election petitions are highly politicized and that on an allegation of bribery the appellant had to prove that the gift was given to the voter, that the gift was given by the candidate or his agent and that it was intended to vote for a particular candidate. The court held that the photographs were not conclusive evidence in matters of proving bribery allegations. The court observed that the trial judge had erred when she lowered the burden of proof as to the same allegations and affidavits filed out of time and should have been expunged from the record. The appeal succeeded and the trial court’s orders were set aside.

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