[2021] UGSC 66
The Supreme Court granted leave to the applicant to withdraw Presidential Petition No. 1 of 2021, as the respondents did not object to the application and the procedural requirements for withdrawal were satisfied. The court reserved its decision on the issue of costs for a later ruling to be delivered on notice. The...
Source-derived case information.
- Citation
- [2021] UGSC 66
- 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 5 of 2021
- Procedural Posture
- Miscellaneous Application / Withdrawal Ruling
- Outcome
- petition withdrawn with leave of court; costs reserved for later determination
- Judges
- Owiny-Dollo, DCJ, Kisaakye, JSC, Arach-Amoko, JSC, Opio-Aweri, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Tuhaise, JSC, Mike Chibita, JSC
- Legal Topics
- Presidential Election Petition, Withdrawal of Petition, Costs Award
- 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 / Withdrawal Ruling
Legal Issues
- 1 Whether leave should be granted for withdrawal of the presidential election petition.
- 2 Whether there are any objections to the withdrawal by the respondents.
- 3 Determination of costs following withdrawal.
Ratio Decidendi
The Supreme Court granted leave to the applicant to withdraw Presidential Petition No. 1 of 2021, as the respondents did not object to the application and the procedural requirements for withdrawal were satisfied. The court reserved its decision on the issue of costs for a later ruling to be delivered on notice. The withdrawal was allowed in accordance with the relevant statutory provisions governing presidential election petitions and the Supreme Court's inherent powers to regulate its proceedings.
Court Disposition
petition withdrawn with leave of court; costs reserved for later determination
Orders
- Leave is granted to the applicant to withdraw Presidential Petition No. 1 of 2021.
- The petition stands withdrawn.
Full Case Text
Judgment text and source record
25 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. 05 OF 2021**
(Arising from Presidential Petition No. 1 of 2021)
KYAGULANYI SSENTAMU ROBERT:::::::::::::::::::::::::::::::::::PPLICANT/PETITIONER 15
**VERSUS**
**:::::::::::::::::::RESPONDENTS**
- 1. YOWERI MUSEVENI TIBUHABURWA - 2. ELECTORAL COMMISSION - 3. ATTORNEY GENERAL
$\mathsf{S}$
## **RULING OF THE COURT**
Upon careful consideration of the application, the supporting affidavits, the submissions of learned Counsel for the parties, the authorities relied on and the law;
And considering that the Respondents have no objection to the $25$ application for withdrawal, leave is hereby granted to the Petitioner as prayed; and the petition stands withdrawn.
The reasons for allowing the withdrawal and the determination of the issue of costs shall be contained in a Ruling to be delivered on notice.
$\mathbf{1}$
Dated at Kampala this 5<sup>th</sup> day of March, 2021 $5$
Alfonse C. Owiny - Dollo **Chief Justice** 10 saak . . . . . . . . . . . . . . . . . . . Dr. Esther Kisaakye Justice of the Supreme Court 15 $\overline{\mathbf{a}}$ Stella Arach-Amoko Justice of the Supreme Court 20 $\cdots \cdots \cdots$ Rubby Opio-Aweri Justice of the Supreme Court . . . . . . . . . . . . . . . . . Faith Mwondha 25 Justice of the Supreme Court . . . . . . . . . . . . . . . . . . . Paul Mugamba Justice of the Supreme Court 30 . . . . . . . . . . . . . . . . . Ezekiel Muhanguzi Justice of the Supreme Court 35
$\mathbf{2}$
$V$
Percy Night Tuhaise<br>Justice of the Supreme Court
$\cdots\cdots\cdots$
..
$\leq$
Mike Chibita Justice of the Supreme Court
$10$
$\mathsf{S}$