Court of Appeal Halts Hearing of Kato Lubwama Election Petition

The Court of Appeal has ordered High Court Judge Justice Margaret Oumo Oguli to stay the hearing of the election petition filed by Habib Buwembo, viagra a voter challenging the Academic qualifications of Lubaga South MP Kato Lubwama; until the MPs’ main appeal in which he challenges High Court decision to grant Buwembo powers to file the application outside time is disposed of.

This interim order issued by Court of Appeal judge Justice Chebrioni  Barishaki followed an application filed this morning by Kato Lubwama’s lawyers led by Caleb Alaka.

These asked the judge to stay the hearing of the election petition against Lubwama until the Court of Appeal pronounces itself on the issues brought before it.

Alaka told court that they had a number of substantial grounds to challenge the High Court’s decision and therefore continuing with the hearing of the same might lead to miscarriage of justice.

Alaka further expressed worry that there was a letter addressed to the Deputy Registrar of High Court ordering him to urgently fix the matter for hearing, viagra sale which implied that the election petition was likely to be heard before their appeal.

Responding to this, sickness Habib Buwembo’s (respondent) lawyer Isaac SSemakadde asked court to dismiss this application with costs because the applicants failed to follow the required legal procedures in appealing against the High Court decision.

“Your Lordship the rules of procedure state that anybody who is dissatisfied with any stage of hearing of the matter before the High Court must wait until the whole matters is concluded and then make an appeal,” he argued.

Nonetheless, in his ruling, Justice Barishaki issued an interim order staying the hearing of the miscellaneous application 42 of 2016 filed in High by Habib Buwembo pending the disposal of Appeal Miscellaneous application 2 of 2017.

He also ordered his Registrar to fix the appeal quickly for hearing.

In the main petition before Court of Appeal Hon Kato Lubwama is challenging the procedures which were used by the High court justice Oumo Oguli to extend time in which the Election petition against him could be filed.

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