[2021] UGSC 68
The majority of the Supreme Court found that the applicant had not met the necessary legal requirements for the orders sought in the application. The court exercised its discretion to disallow the application, holding that the interests of justice and the procedural framework governing presidential election...
Source-derived case information.
- Citation
- [2021] UGSC 68
- Parties
- Applicant: Kyagulanyi Ssentamu Robert; Respondent: Yoweri Museveni Tibuhaburwa; Respondent: Electoral Commission; Respondent: Attorney General
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Application 4 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- Owiny-Dollo, CJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC
- Legal Topics
- Presidential Election Petition, Electoral Process, Application for Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kyagulanyi Ssentamu Robert
Applicant
Yoweri Museveni Tibuhaburwa
Respondent
Electoral Commission
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application by the applicant should be allowed in the context of the presidential election petition.
- 2 Whether the applicant has met the legal requirements for the orders sought.
Ratio Decidendi
The majority of the Supreme Court found that the applicant had not met the necessary legal requirements for the orders sought in the application. The court exercised its discretion to disallow the application, holding that the interests of justice and the procedural framework governing presidential election petitions did not warrant the grant of the orders requested. The application was therefore dismissed by a majority decision, with costs to be determined in the main cause.
Court Disposition
application dismissed
Orders
- The application is disallowed by a majority of eight to one.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
35 paragraphs
## THE REPUBLIC OF UGANDA IN THE SUPREME COURT OF UGANDA AT KAMPALA
## CORAM: OWINY - DOLLO C. J; KISAAKYE; ARACH-AMOKO; OPIO-AWERI; MWONDHA; MUGAMBA; MUHANGUZI; TUHAISE; CHIBITA; JJ. S. C;
## **MISCELLANEOUS APPLICATION NO. 04 OF 2021**
(Arising from Presidential Petition No. 1 of 2021)
KYAGULANYI SSENTAMU ROBERT::::::::::::::::::::::::::::::::::PPLICANT/PETITIONER 15
**VERSUS**
::::::::::::::::::::::::::::::::::::::
- 1. YOWERI MUSEVENI TIBUHABURWA - 2. ELECTORAL COMMISSION
3. ATTORNEY GENERAL
**RULING OF THE COURT**
We have given due consideration to the application and submissions of Counsel for the Applicant and for the Respondents.
By a majority of eight (8) to one (1), this Court disallows this application. Costs shall be in the cause.
The detailed reasons for the ruling will be contained in the detailed Judgment.
Dated at Kampala this 19<sup>th</sup> day of February, 2021 30
Alfonse C. Owiny - Dollo **Chief Justice**
$\mathbf{1}$
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Dr. Esther Kisaakye **Justice of the Supreme Court**
. . . . . . . . . . . . . . .
**.....................**
. . . . . . . . . . . . . .
. . . . . . . . . . . . .
Stella Arach-Amoko
Justice of the Supreme Court
## Ruby Opio-Aweri Justice of the Supreme Court
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Faith Mwondha Justice of the Supreme Court
. . . . . . . . . . . . . . . . . . . . Paul Mugamba
Justice of the Supreme Court
Ezekiel Muhanguzi Justice of the Supreme Court
Percy Night Tuhaise Justice of the Supreme Court
Mike Chibita Justice of the Supreme Court
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$25$
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