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

(101) The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.


(105) In civil proceedings when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.


With the above principles in mind I shall consider the relevant provisions of Section 58(6)(a)(c) of the Presidential Elections Act 2000 and Section 65 of the same Act. Section 58{6)(a)(c) of the Act provides as follows:
“(6) the election of a candidate as President shall be annulled on any of the following grounds if proved to the satisfaction of the court:

1. 
   non-compliance with the provisions of this Act, if the court is satisfied that the election was not conducted in accordance with the principles laid down in those provisions and that the non-compliance affected the result of the election in a substantial manner.
   

(a) that an illegal practice or any other offence under this Act was committed in connection with the election by the candidate personally or with his or her knowledge and consent or approval.”

Section 65 of the same Act provides:

“ Any person who, before or during an election, publishes a false statement of the illness death or withdrawal of a candidate at that election for the purpose of promoting or procuring the election of another candidate knowing that statement to be false or not knowing or believing it on reasonable grounds to be true, commits an illegal practice.”