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Justice Ssekaana’s key quotes in ruling over NUP case

CONRAD AHABWE | PML Daily Senior CorrespondentbyCONRAD AHABWE | PML Daily Senior Correspondent
October 21, 2020
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Former and current NUP party Presidents Moses Kibalama Nkonge and Robert Kyagulanyi respectively (PHOTO/Courtesy).

KAMPALA – The Civil Division of the High Court in Kampala on Wednesday dismissed a case in which two party members were challenging the acquisition of the National Unity Platform by Kyadondo East MP, Robert Kyagulanyi also known as Bobi Wine.

Justice Musa Ssekaana ruled that the case had not merit and consequently threw it out.

Here are the key quotes from the judge’s ruling;

“This court declines to entertain the application since it was not brought under any known procedure and secondly it was made to avoid the time limit of 3 months within which an application for judicial review should have been brought,”Ssekaana ruled.

“It is not clear whether it is an application for constitutional interpretation or for enforcement of rights. But it can be deduced from the nature of remedies sought that this application seeks from this court judicial review remedies,”Ssekaana said.

“It can be deduced from the pleadings and provisions cited that the applicants’ counsel are not aware that there is legal regime that governs the procedure of challenging decisions of political parties. It is trite law, that inherent powers of court cannot be invoked where there is specific law governing a subject matter,”Ssekaana noted.

“This application was made with a view of making some money during the election season and the applicants have no genuine grievance but rather want to be relevant and make some quick cash,”Ssekaana noted.

“The court is empowered to refuse relief and deny access to the judicial review reliefs on ground of laches because of several considerations.”

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