intends to rely should not be misconstrued to mean only one affidavit by the
petitioner.
In the petition, the respondent pleaded and duly substantiated
several election offences and illegal practices, which various witnesses
observed. For example, in paragraph 9 of her petition, the respondent stated
that the petition was supported by her affidavit together with other affidavits
of various deponents.
Mr. Lukwago further pointed out that the respondent made a clear averment
about election offences including bribery in paragraph 6 of her affidavit as
follows:
“THAT the polling agents and the election supervisors reported to
me that numerous electoral malpractices, illegal practices and offences were
committed by the 1st Respondent, his agents and supporters, the officers of
the Uganda Peoples’ Defence Forces (UPDF) together with the polling
officials and agents of the 2nd Respondent in respect of which several
persons have made affidavits as evidence in support of my Petition”.
According to counsel, the said pleading was sufficient considering the requirements of
O.19r3 of the Civil Procedure Rules which provide that save for interlocutory
applications; matters deponed to in an affidavit must be confined to facts which the
deponent is able of his or her own knowledge to prove. In the instant case, the
respondent did not personally witness any act of bribery. In counsel’s view, it was
inconceivable to expect the respondent to know and include in her affidavit how much
bribe was given, where and what time in each and every incident. According to
counsel, the authority of Castestelino vs. Rodrigues [1972] E.A 223 states that any
reference to a document in pleadings incorporates the contents of that document in the
pleadings.
Mr. Lukwago further submitted that in the case of Hon. Mukasa John Harris vs. Dr.
Bayiga Michael Philip Lulume, Election Petition Appeal No. 14 of 2006, the Court
of Appeal did not find anything wrong with the petition wherein the respondent had
averred that the appellant bribed voters contrary to section 68(1) of the PEA. The
court further observed that the particulars of bribery were given by different witnesses
in their affidavits. According to counsel, this is the same finding of the trial Judge in