certified or had they been requested for or had the 2nd appellant been duly notified to
produce them in court.
The legislature must have had a reason to provide for that mode of proof of the
contents of those official documents kept by official bodies. To depart from that mode
would be to undermine the reason the legislature had to provide so. It is my view
that the other copies of the Declaration of Results Forms and the tally sheet to other
recipients were provided for different purposes other than for them to be used in court
as sole evidence of proof of the contents of documents required by law to be kept and
certified or produced as evidence by the 1st respondent in courts of law.
Another matter that calls for some concern is the fact that not sufficient court fees
were paid for the affidavits and the exhibits annexed thereto.
On careful perusal of the record I noted that all the affidavits relied upon by the
respondent were to be found in volumes marked as Vol I,
where shs 18,000/= vide
receipt No 3377753 was paid, which therefore covered 12 affidavits instead of the 38
affidavits in that volume which should have attracted a total payment of shs57,000/=
at the rate of shs 1500/= per affidavit as required by law, Vol. II where a total of shs
51,000/= was paid to cover the fees for the 34 affidavits in that volume. Receipt no
2646125 is on record for this amount. Another volume is marked in hand writing as
Vol II, ‘owners copy’. On this one, no fee is indicated as paid at all. Last is the
volume containing, the respondent’s additional affidavit in support of the petition
together with the various annextures thereto.
One conspicuous factor in all the affidavits in those four volumes is that no fee was
paid and or endorsed as paid as court fees for any of the numerous exhibits annexed to
those affidavits as is required by law.
I am not unmindful of the now settled position that nonpayment of court fees under
rules is a minor irregularity which should not bar the court from pursuing substantive
justice especially where, like in Matsiko Winifred Komuhangi Vs Winie Babihuga
Election Petition Appeal No. 9 of 2002 the deficiency in fees is made up though at a
late stage.