judgment on grounds that the trial judge’s analysis seemingly shifts the burden of proof to the appellants. Mr. Lukwago submitted that by posing the said questions, the trial judge was simply pointing out contradictions and discrepancies in the appellants’ evidence which contradictions she found to be grave. It is also argued by appellants that the presiding officer could not have known the voters save for checking their names. Mr. Lukwago pointed out that some of the presiding officers who swore affidavits claim to know the voters and they saw them vote, e.g. affidavit of Fredrick Lumala, presiding officer, Misindye polling station. Ineligible Voters It is the contention of counsel for the appellants that this particular allegation was not pleaded in the petition and accompanying affidavits. Mr. Lukwago referred us to Paragraph 5(7) of the petition that reads: Contrary to sections 29(4) and 34(2), (3) and (5) of the Parliamentary Elections Act, 2005, the 2nd Respondent’s officers and agents allowed persons whose names did not appear on the voters’ roll and/or who did not hold valid voters’ cards to vote”. Mr. Lukwago hastened to point out that Paragraph 5(d) also talks of failure by the Electoral Commission to control the distribution and use of ballot papers to eligible voters. In counsel’s view, the allegations of ineligible voters was pleaded with all the accompanying affidavits. There is also a contention that the finding of the judge on this issue was erroneous in as much as the judge observed that the evidence of Nanjovu Justine was not rebutted yet there was an affidavit by Lukomu. Mr. Lukwago submitted that the trial judge correctly found that Lukomu’s affidavit contained general denials and therefore she rejected it. Counsel pointed out that Penninah Nakazibwe, the presiding officer, swore an affidavit but she never rebutted the averments of Nanjovu Justine. Further, counsel for the appellants contend that Najovu’s evidence required corroboration. Mr. Lukwago replied that there is no stringent legal requirement for corroboration in such cases. In counsel’s view, the case of Amama Mbabazi vs Musinguzi Garuga (supra) is not applicable under the circumstances where the

Select target paragraph3