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


What reliefs are available to the parties?



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5. What reliefs are available to the parties?

All evidence at the trial of the petition is required to be adduced by affidavits. Cross-examination of the deponents may be permitted only with leave of the Court. Accordingly parties filed many affidavits to support their respective cases. The Petitioner filed 174 affidavits both in support of the petition and in reply to the affidavits of the 1st and 2nd Respondents, who in turn filed respectively, 133 and 88 affidavits. The filling of affidavits continues throughout the hearing of the petition. In addition leave was granted to the Petitioner to call and cross-examine one deponent, Dr. Dian Atwine, who had sworn an affidavit in support of the 1 Respondent.

Counsel for all parties read the affidavits deponed in support of their cases while making their submissions to the Court. Numerous authorities, from within and without our jurisdiction, were cited and copies were provided to the Court. We have found the authorities very helpful and we are grateful to Counsel for that assistance.

We have, since completion of hearing, had the opportunity to peruse and evaluate the evidence adduced by the parties, and to study the various authorities cited to us. We have each made findings on the issues presented to the Court. We have also come to the conclusion on the outcome of the case.

We are however not in a position to give the detailed reasons for our decision within the limited time available. This is not an ordinary case but an important case involving the election of the President of the Republic of Uganda. It raises serious constitutional and legal issues, the answers to which and the reasons therefore, need to be elaborately articulated for future guidance. The effect of the decision on the governance and development of the country, and on the well being of the people of Uganda cannot be over emphasised. We shall for now announce the decision of the Court, and on a later date to be notified, we shall each read the detailed findings and reasons there for.

The decision of the Court is constituted in the findings on the framed issues. We find:




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