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Why Court of Appeal Upheld Sematimba Victory

Three Court of Appeal judges led by the outgoing deputy chief justice Stephen Kavuma this morning retained NRM’s Peter Sematimba as the Busiro South MP, dealing yet another blow to the opposition side in Parliament.

The court accepted Sematimba’s appeal against High Court judge Lydia Mugambe’s decision last year, to nullify his election and order for fresh elections.

In their judgment read by Deputy Registrar Deo Nzeyimana, the three judges Stephen Kavuma, Catherine Bamugemereire and Cheborion Balishaki faulted Justice Lydia Mugambe for rejecting Sematimba’s original copy of Diploma in Electronic and Computer Technology from Pacific Coast Technical institute in USA.

“It was wrong for the trial court to deny the appellant’s (Sematimba’s) classmates chance to be cross examined in court yet it was part of the evidence to prove that he attended Pacific Coast institute before its closure in 1989,” the judges ruled.

These also pointed out that in law, the burden of proof lies in the hands of the person alleging, which they say Sematimba’s opponent Stephen Ssekigozi didn’t to the court’s satisfaction.

The judges ordered Ssekigozi to pay the costs of this matter at both High Court and Court of Appeal.

The judgment was delivered in the absence of Ssematimba who was represented by his lawyers.

Ssekigozi while speaking to reporters after the judgement revealed that he was not contented, but as a law abiding citizen he would respect it.

Like in last week’s judgment where DP’s Wakayima Musoke was thrown out of Nansana Municipality Parliamentary seat, supporters of Sekigozi hurled insults at Justice Kavuma accusing him of favoring NRM MPs.

 

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