Nairobi. The place Kampala was typed by the lawyers who drew the affidavit and was not
entered by the commissioner or notary public. My conclusion is that this error arises from
counsel for the applicant typing the affidavit and sending it to the Notary Public. They left no
place to state the place of commissioning.
The second aspect of the matter is that if the affidavit was taken in Nairobi within the jurisdiction
of a Notary Public of Kenya, then it is taken under the laws of Kenya. Authority in Uganda to
administer oaths is found under section 11 of the Oaths Act which provides that:
“11. Authority to administer oaths.
(1) The Chief Justice, a judge of the High Court, the chief registrar of the High Court, a
magistrate, a notary public and any commissioner for oaths may administer any lawful
oath or take any lawful affirmation or affidavit which may be required to be taken or
made for the purpose of complying with the requirements of this Act or of any law for the
time being in force in Uganda or elsewhere, except where such procedure is expressly or
by necessary implication manifestly excluded by the terms of such law as aforesaid; and
the presumption shall be against any such exclusion.”
It is a Chief Justice, a judge of the High Court, Chief Registrar, a magistrate, a notary public and
any commissioner of oaths who may take any lawful affirmation or affidavit in Uganda. This is
made under the Oaths Act cap 19 laws of Uganda. However the Oaths Act recognises oaths
taken under a foreign law and outside Uganda under section 12 of the same Act. Section 12
provides:
“12. Taking oaths out of Uganda
(1) Any oath or affidavit required for any court or matter in Uganda, or for the purpose of
the registration of any instrument in any part of Uganda, may be taken or made in any
place out of Uganda before any person having authority to administer an oath in that
place.
(2) In the case of a person having such authority otherwise than by the law of a country
out of Uganda, judicial and official notice shall be taken of his or her seal or signature
affixed, impressed or subscribed to or on any such oath or affidavit.”
An oath taken outside Uganda has to be administered by a person having authority to do so. This
authority would obviously be under a foreign law. In this case if the notary public was in Nairobi
as can be inferred, it would be an oath taken under the laws of Kenya. Be that as it may, failure
to state the right place of commissioning an affidavit is not fatally defective. Firstly stating the
place and date of commissioning is done by the Commissioner for oath or person administering
the oath. Secondly judicial precedence is that a defect in naming the date or place of
commissioning is not fatal to the application and may be amended to read the correct place or