Kampala Lord Mayor Erias Lukwago has this afternoon lost the court case in which he had sued Kampala Capital City Authority Executive Director, Jennifer Musisi, bringing the ten-month legal battle to an end.
While dismissing Lukwago’s case, the trial judge Eldad Mwanguhya, in his ruling read for him by the registrar of the court, Eudes Keitirima, noted that Lukwago should have first sought alternative remedies within the authority before suing Musisi.
Justice Mwanguhya ruled that a council with legislative powers like KCCA can handle all the issues raised in the case and that it does not warrant hearing before alternative remedies are sought.
The judge noted that it has become increasingly fashionable these days to seek judicial review where alternative procedures are more convenient. He said that this trend must be checked.
Court also ordered Lukwago to foot all the costs Musisi incurred in pursuing this case.
Both Lukwago and Musisi were not present in court to hear the ruling for themselves. They were just represented by their respective lawyers.
The case arose on September 23, 2011, when Lukwago filed an application seeking the prerogative orders of court among others, prohibiting Musisi from passing off as the head of the authority and portraying the office of the Lord Mayor as being ceremonial.
The Lord Mayor had also sought court orders stopping Musisi from frustrating his efforts to develop strategies and programs for Kampala.
He had also sought court orders compelling the executive director to release a report regarding the fraudulent disposal of KCCA dispensary on plot 71 Nkrumah Road, Kampala.
Speaking moments after the ruling, Clare Rukundo, one of the lawyers representing Musisi, said her client will continue doing what she has been doing to develop the city.
URN could not get a comment from Lukwago as his mobile phone was not immediately available.
