City Lawyer Hassan Male Mabirizi, popularly known for his unorthodox public interest litigation has returned with yet another case he filed today at the East African court of Justice appellant division
In the voluminous appeal, the lawyer is challenging the recent decision of the East African Court of Justice led by Principal judge Monica Mugenyi who dismissed his application challenging the legality of constitutional amendments which led to lifting of the Presidential Age limit in Uganda
On Monday, Mabirizi filed a memorandum of appeal before the Sub Registry located in Kololo, Kampala in which he asked court to quash the decision of the lower court and order for fresh hearing of the matter.
He claims the lower court judges erred in law and fact on a number of issues which this court has to look into.
“Learned Principal Judge and Judges of the first instance division committed procedural irregularities when they didn’t make decisions on matters pleaded and argued by the appellant,” he said.
The lawyer says he was wrongly accused by the judges of abusing court process without giving him an opportunity to defend himself.
“The learned judges and Principal Judge of first instance division committed errors in law and fact when they held that the application was time barred in relation to complaints against Parliament of Uganda legislative process and hence the validation of constitutional amendments,” he added.
As such, he asked court to remit application number six back to the first Instance court for expeditious hearing in compliance with principals of fair hearing.