High court judge Musa Ssekaana has dismissed an application in which lawyers representing Presidential hopeful Rtd Lt Gen Henry Tumukunde wanted court to summon AIGP Grace Akullo to appear in court for cross examination.
The lawyers had asked court to summon Akullo to cross examine her about her affidavit she submitted in court responding to the matter in which Tumukunde seeks an injunction restraining police from arresting and detaining him pending determination of his case.
In his ruling delivered on Friday, Ssekaana said the applicants failed to produce sufficient evidence that could prompt court to summon Akullo in court.
“The applicant’s counsel’s submissions that they wish to cross examine the 2nd respondent on how she swore an affidavit is a fishing expedition since there is no evidence to the contrary. The applicants counsel should have established this fact from the Commissioner of Oaths and not through cross examination of the second respondent.”
Ssekaana noted that the right to cross examine is not absolute because there are limits on rights to cross examine deponents on contents of their affidavits but court has powers to order for cross examination once its satisfied that by the evidence provided that there is conflict of interest of fact or evidence set out in the affidavits that is necessary for court to resolve.
“Cross examination should not be used as a tactic, particularly by lawyers and litigants to intimidate, frustrate, delay or add necessary costs.”
The judge also pointed out that if this application for cross examination is granted it would affect the expeditious disposal of the matter.
Regarding the main case, the judge ordered both parties to file written submissions on 25th September.
Tumukunde’s lawyers Wameli Anthony and Turyamusiima Geoffrey at High court civil division of High court