Dr James Akampumuza, the lawyer representing Singh Katongole argues that he could not file in the grounds in time to support his client’s appeal after the High Court certified the copies of the judgment just on March 16th this year.
Rubaga North MP Singh Katongole has explained his failure to prosecute the appeal he lodged against his political rival, Moses Kasibate, citing delays in getting the lower court records.
Dr James Akampumuza, the lawyer who represented the legislator on Tuesday argued that he could not file in the grounds in time to support his client’s appeal after the High Court certified the copies of the judgment just on March 16th this year.
He further argued that despite making several visits to the high court registry demanding for the copies of the judgment and proceedings, he was frustrated in getting them and that this led to the delay.
Kasibante recently went to Court of Appeal seeking its orders to strike out Singh’s appeal on grounds that he failed to take necessary steps to prosecute it within the prescribed 30 days from the date of judgment.
According to Kasibante, Singh has taken more than five months to file in the record of appeal, which he says is irregular and should be struck out with costs.
Appearing before a panel of three justices led by Constance Byamugisha, Kasibate’s lawyer Medard Sseggona scoffed at Akampumuza’s submissions. He argued that Singh and his lawyers were not vigilant enough to look out and pick the copies of the judgment and proceedings from High Court to enable them formulate grounds for appeal, which he said were ready by December 13th last year.
After listening to arguments from both sides, the justices said they will give their ruling on notice.
Dr Kizza Besigye, the FDC leader, made a surprise visit at the court to show solidarity for Kasibante whom he has been moving with on his rallies. Other renown opposition leaders who were present at court to show solidarity for Kasibante include; Kampala Lord Mayor Erias Lukwago, Mukono Municipality MP Betty Nambooze, Kyadondo East MP Ibrahim Ssemujju Nganda, and Ken Lukyamuzi, the Rubaga South MP among others.
In October last year, Singh and the Electoral Commission separately appealed against the judgment of Justice Musoke Kibuuka that reinstated Kasibante as the dully elected MP and ordered for the immediate vacation of Singh from the 9th Parliament.
Kasibante petitioned the High Court on March 30, 2011 after a controversial vote recount that overturned his victory in the February 18th polls.
The then Mengo Chief Magistrate Phillip Odoki ordered for the recount even after there was a High Court order blocking the exercise.
In his ruling, Justice Musoke held that Singh’s victory was based on results of an illegal vote recount at the Mengo Magistrate’s Court, which had no force of law.
singh marwaha katongole
judgment day for rubaga north election petition