The trial judge gave reasons for the exercise of discretion. I have not been
persuaded that the reasons she gave were erroneous in law as Mr Kibedi
submitted. I would not interfere with the orders she made.
Remedies
The findings on the issues that were framed for our determination would entitle
the appellant to the following declarations and orders:
1. The learned trial judge erred when she placed a higher standard of
proof on the petitioner than what the law required.
2. The learned trial judge erred when she held that the 1st respondent
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was possessed with minimum academic qualifications for nomination
and election as a Member of Parliament.
3. The 1st respondent personally committed an illegal act of bribery. His
election as a Member of Parliament for Jinja East Constituency
would be annulled. I would order for fresh election
4. The appeal would be allowed with costs and the cross-appeal would
fail.
5. The appellant would be awarded costs of the appeal and crossappeal.
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Since my Lords Nshimye and Arach –Amoko agree, there will be judgment in
the terms set out in this judgment.
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