The Kabale Municipality town clerk Peter Masiko has been sued by Homecare Preparatory School which was last month closed following an accident that killed one pupil and left 72 others injured.
Through their lawyer, Jonathan Bwagi of Bwagi and Company Advocates, the school filed an application demanding for an interim order to halt the execution of the resolution to suspend the operations of Home Care Preparatory Primary School.
Masiko, who was accompanied by the Kabale Municipality acting principal education officer, Matthias Akeeka, appeared before Kabale Chief Magistrate Michael Otto Gulamali on Thursday. Through John Karemera of Attorney General’s chambers in Mbarara, Masiko asked court to dismiss the application filed by the school saying that the school had no right to sue.
This was however quashed by Jonathan Bwagi who argued that the school is owned by Showman Company limited and therefore has the right to sue or be sued.
The lawyers from the two sides argued for almost an hour before the chief magistrate adjourned the case to Friday morning when court will decide whether to go ahead and hear the application or dismiss it.
When contacted, Smart Henry Magezi, the school director declined to comment. Last month, 13 year old Mark Niwahereza died when a Fuso lorry he and over 200 other pupils were traveling in overturned near Kabale Municipality. The pupils were allegedly returning from a holiday teaching trip to Lake Bunyonyi.
