analysed the evidence on record and came to a correct finding.
Counsel for the appellants raised several questions about the respondent’s evidence
concerning the issues of filling Declaration of Results Forms before the end of the
polling process, and the chasing away of the respondent’s agents. According to Mr.
Lukwago, counsel do not point out the faults in the trial judge’s findings on the issue.
In his view, the trial judge properly analysed the evidence on record from page 53 to
57 of the judgment and came to a correct finding.
Counsel for the appellants also assert that the respondent’s complaints in paragraph II
of her affidavit that the 1st appellant’s agents used Declaration of Results Forms
which were fake because they do not show serial numbers. That the respondent does
not contest the results but only questions the Declaration of Results Forms because
they do not show serial numbers. Mr. Lukwago replied that this argument is also
redundant because it does not point to a particular fault in the findings of the judge.
In his view, counsel are silent on the validity of such Declaration of Results Forms
without serial numbers.
Sonde Polling Station
According to Mr. Lukwago, counsel for the appellants do not specifically point out
the faults in the trial judge’s findings about the electoral fraud at this polling station
save for the fallacious contention that if the respondent wanted to “verify the
information” given by Mutesasira Mesach, the presiding officer, she should have
applied to open the ballot boxes of the various polling stations; and that the trial judge
should have rejected the affidavit of Nsumba Kefa.
Mr. Lukwago submitted that the trial judge properly evaluated the evidence on record
and arrived at the following findings of fact at pages 67-70 of the judgment, which
counsel for the appellants could not fault:
i)
That there was no Declaration of Results Form filled at Sonde
polling station and therefore, no copy was sealed in the box.
ii)
That the results were filled on five pieces of paper from an exercise
book which indicated that the respondent polled 366 and 2nd