Station, appellants’ counsel contend that at page 44 of her judgment, the learned trial
judge formulated some questions thereby shifting the burden of proof to the
appellants.
Counsel contend that Nakiwala Prossy, the Presiding Officer at Takkajunge Polling
Station, in rebuttal in support of the 2nd Respondent/1st appellant, swore an affidavit
stating that she saw only 10 students and allowed them to vote because they had
voter’s cards.
Counsel point out that the trial judge analysed the evidence of Nakiwala Prossy and
made the following findings:
“This witness admits that there were complaints.
That students from
Greenville S.S came and voted. That Banana also came to the polling station.
There is however a contradiction: She talks of only 10 students. Kyambadde
Enoch, the Deputy H/M who actually drove them from school and ensured that
each had a voter’s card before leaving the school compound says he drove 20
students. Why are they lying? I reject their evidence and I believe the Senyondo’s
for that reason.
I find that students from Greenville were ferried to vote at
Takkajunge. They were over 60”.
According to counsel for the appellants, the above findings were unjustified from the
circumstances of the case because the affidavit of Nakiwala Prossy was not
controverted.
Issuing Voters Cards by Namutebi Joyce:
Kawuma Abaas, an alleged election monitor the respondent claims Namutebi Joyce,
campaign agent of the 2nd appellant, was found distributing voters cards at the polling
station. This allegation is supported by evidence of Mukasa Elisa Nkoyoyo and
Ssekatawa Robert.
Counsel contend that in rebuttal, Namutebi Joyce swore an
affidavit explaining that from the five cards one was for her, and the other 4 were for
her children which she was keeping for safe custody.
According to counsel, the learned trial judge was in error and unfair to reject
Namutebi’s evidence wholesomely.
Counsel contend further that the Police