Another case that merits consideration here is Rtd Col Dr. Kizza Besigye Vs
Electoral Commision and Yoweri Kaguta Museveni, Presidential Election
Petition No. 1 of 2006 where non registration of an affidavit deponed to in a foreign
country was considered a matter that could not bar the court to admit the affidavit.
To my mind however, each of those cases is distinguishable from the instant petition.
In Matsiko’s case, (supra) the fees were actually paid into court belatedly though.
Further, the courts were dealing with matters provided for in regulations and not
situations provided for by a substantive provision in an Act of Parliament.
In Rtd Col Dr. Kizza Besigye’s case (supra) the Supreme Court, which in matters of
Presidential Election Petitions is both the court of first instance and the final court was
dealing with a Presidential Election Petition.
Apart from the significancy of a presidential election to the nation, not anywhere near
or comparable to the election in a Parliamentary constituency, the time benchmarks in
the trial of a Presidential Election Petition are rigid fixtures of the Constitution. For
Parliamentary elections the law allows some flexibility at the discretion of the court to
extend the time within which the hearing of an election petition can be completed if
circumstances so warrant.
In the case before one of a dispute over elections in a parliamentary constituency, the
respondent fully appreciated the duty to comply with the law on payment of court
fees. This is why in one volume full fees for the affidavits were paid and in other,
attempts were made to pay though in part. For some reason however, despite the
opportunity to cure the deficiency in court fees payment under S97 of the Civil
Procedure Act, no efforts were made by the respondent to take advantage of the
flexible situation now prevailing in this area. Laws are made for a purpose and they
should be complied with by all, especially those who seek justice.
S.97 of Civil Procedure Act provides:“97 Power to make up deficiency of court fees.
Where the whole or any part of any fees prescribed for any
document by the law for the time being in force relating to
court fees has not been paid, the court may, in its
discretion, at Any stage, allow the person by whom the fee
is payable to pay the whole or part, as the case may be, of
that court fees; and upon the payment, the document in