2. If so, whether the non-compliance substantially affected the result of the
election.
3. Whether the 2nd appellant committed illegal practices and/or offences
personally or by his agents with his consent, knowledge and approval.
4. Whether the learned trial judge denied the 2nd appellant a fair trial when
she considered and relied on particulars of alleged bribery not specifically
pleaded in the petition.
Mr. Blaize Babigumira and Mr. Richard Mwebembezi represented the second
appellant, Ms Christine Kahawa appeared for the 1st appellant and Mr. Erias
Lukwago represented the respondent.
Mr. Blaize Babigumira, Richard Mwebembezi and Ms Christine Kahawa joined
forces and argued grounds 1 and 2(a) together, grounds 2(b)-2(g) together and
2(h) alone, according to their conferencing notes.
Apparently, Mr. Erias
Lukwago also followed the same pattern and I shall follow the same.
Grounds 1 and 2(a) relate to the allegation of bribery in the petition.
Ground 1 reads:
“The Learned Trial Judge erred in law and fact and denied the 2nd appellant fair
trial when she considered and relied on specific particulars of alleged bribery
not specifically pleaded in the petition and its attached Affidavit to make
findings that during the conduct of Mukono North Parliamentary Election, the
2nd appellant committed illegal practices and/or offences personally or by his
agents with his consent, knowledge or approval”.
Ground 2(a) states:
“2. The Learned Trial Judge erred in law and fact when she failed to properly
evaluate the evidence presented before her and as a result came to wrong
decisions that during the conduct of Mukono North Parliamentary Election:(a) The 2nd appellant committed illegal practices and/or
offences personally or by his agents with his
consent, knowledge or approval”.