MBARARA – Lawyers for the Secretary-General of Mbarara University of Science and Technology Academic Staff Association (MUSTASA)Julius Taremwa, have cited forgery in a case where he sued the Chancellor Prof. Charles L.M Olweny, Vice-Chancellor Prof. Obua Celestine and the Chairman University Council Dr. Warren Namara seeking for judicial review over the reappointment of Prof. Obua Celestine as VC for another five year term.
The lawyers asked police to investigate possible forgery in the affidavit sworn by the plaintiff for possible criminal prosecution.
On September 24, Sam Hebert Mukwatirire and Timothy Mugumya lawyers for the respondents raised various preliminary points of law objecting the way their clients were sued saying the applicant (Taremwa) had no locus to bring the application in court, meaning that their clients were wrongly sued and asked the court to dismiss the application with costs.
However, on November 13, Justice Joyce Kavuma overruled the preliminary points of law that were raised by Mukwatirire and ruled that the application was rightly filed and that the applicant had a right to sue.
The lawyers, not being satisfied with the ruling started plans to appeal.
On Tuesday, December 3, while appearing again before Justice Kavuma, the lawyers for the respondents led by Mukwatirire filed another application to seek leave of court to make an appeal against the ruling.
However, the affidavit purported to have been signed by Dr. Warren on behalf of the other respondents (Prof. Obua and Olweny) was found to have been forged.
Wameri told court that when they were served with affidavits supporting their application to seek leave of court, they realized that affidavits in reply by Dr. Warren Namara (Chairman University Council) were sworn on November 18 replying their (Wameri) affidavit which was sworn on December 2.
“This means he swore the affidavits in anticipation. Maybe he is prophetic. He even swore an affidavit before they filed an application, which they did on November 19, and is replying our affidavits in reply filed on December 2, if forgery is not the right word then I don’t know what to say,” the lawyer asserted.
Mr. Wameri added that there is even no minute by council allowing Namara to swear an affidavit since they sued the University Council and not Namara as an individual.
In defence Mukwatirire said there was an error in dates.
“When you look at the main applications and its affidavits that were sworn on November 18, they were in original form but the ones they served us this morning are photocopies; meaning they just transplanted and that is conduct unbecoming, it is criminal and should be taken up for investigations.
Wameri noted that any lie on oath is Perjury and police can investigate and prosecute this particular matter.
Wameri said the lawyers for the respondents are simply engaging delaying tactics
Justice Kavuma adjourned the ruling on the applications to December 19, 2019.