On the welding machines, learned counsel submitted that the trial judge failed to
properly evaluate the evidence. He pointed out that welding machines were
delivered to different garages and all the 1st respondent did was to deny his
involvement. He further submitted that Bukenya stated that machines were
delivered to his garage but did not disclose who delivered them. On the
acknowledgment sheets, counsel stated that the trial judge should not have
believed that evidence because there was no evidence from H.E. the President
or Moses Byaruhanga that they delivered the machines. He claimed that the
evidence on welding machines was suspect and should have been rejected.
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He submitted on the other evidence of bribery which he claimed was sufficient
to prove the allegations on a balance of probabilities.
Mr Kibedi who represented the first respondent argued grounds three and five
together. He supported the evaluation of evidence by the trial judge. He pointed
out that the allegations of bribery were rebutted by the 1 st respondent. He further
submitted that the trial judge was alive to the need of corroborative evidence
and she resorted to documentary evidence which indicated the source of the
machines. On the need for corroborative evidence learned counsel cited two
authorities namely Dr Kiiza Besigye v Museveni Yoweri Kaguta-Election
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Petition No.1/2001(SC) and Mbayo Jacob v Electoral Commission &another –
Election Petition Appeal No.7/06(CA).
He invited court to disallow the ground.
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