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Breaking: Relief for Bobi Wine as Court Throws Out NUP Case

High Court has reportedly dismissed the case that was filed against the new leadership of the National Unity Platform (NUP) party.

In the case, two former members of the party had challenged the recent change of leadership and the party name.

High Court Judge Musa Sekaana delivered his judgment on the matter via mail on Wednesday Morning.

According to NUP spokesperson Joel Senyonyi, the Application was dismissed with costs by the judge.

As such the party is now recognized as legally existent.

 

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The case was brought in August this year by party members Basile Difas and Hassan Twaha who sued 11 people for changing party leadership and name without authorization as stated in the Party constitution.

The party name was changed from National Unity, Reconciliation and Development Party (NURP) to National Unity Platform (NUP)and Hon Kyagulanyi Robert Sentamu was elected as a new party president which the members don’t agree with.

However, during the hearing the former party President Moses Nkonge Kibalama failed to prove to court that the change of name and leadership was done outside the party constitution.

The judge in his ruling pointed out that Bsaile Difasi and his colleagues didn’t use proper legal procedures in challenging this move.
“The applicant in this case ought to have applied for judicial review within 3 months after the change of name of the party from NURP to NUP i.e by 6th June 2019 but instead the applicants filed this application on 24th August 2020 after over one year.”
 The judge also faulted the applicants for having brought this application with  a view of making  money during the election season without any  genuine grievance but rather desire to be relevant a.
Ssekaana further noted that there is no way in which court could grant the remedies when the application itself was not brought in accordance to the rules
“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.”

There had been fear that court ruling in favor of the applicants would in effect threaten the existence of the party hurting the thousands of that had sought to be nominated under its flag for the forth coming elections.

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