The republic of uganda in the supreme court of uganda at kampala

COMMISSIONER OF OATHS”

The 1st Respondent’s affidavit did not indicate the name or the title of the person before whom it was made. It merely contained a signature and the seal of High Court. It was submitted for the Respondent that the signature was that of the Registrar of the High Court, Mr. Gidudu who had power to administer an affidavit by virtue of his Office. Mr. Gidudu subsequently made an affidavit confirming that he is the person before whom the affidavit was sworn.

The Registrar of the High Court has by virtue of his Office all the powers and duties of a Commissioner for Oaths in accordance with Section 4 of the Commissioner for Oaths (Advocates) Act. The Registrar’s jurat fulfilled the essential requirements of the jurat namely the place and date the affidavit was made. But it should have included his name and title to strictly comply with the Form of Jurat contained in the schedule. The lack of proper form was however cured by the affidavit sworn by Mr. Gidudu. Accordingly, the objection raised against the affidavit sworn by the 1st Respondent had no merit.

Section 58 (3) of the Act requires this Court to inquire and determine the petition expeditiously and to declare its findings within thirty days from the date the petition is filed. It seems to me that it is by reason of expedition that all evidence at the trial has to be by affidavit. However, this mode of trial may not be suitable for an important and controversial case like this where the court is denied the opportunity to see the witnesses and to subject them to cross examination so that the court can properly and fairly assess the credibility and veracity of the witnesses which is necessary for the ascertainment of the truth. It is hoped that the procedure and period of hearing of petitions in presidential elections will be reviewed.