thumb http://crossfit908.com/wp-admin/includes/admin.php geneva;”>clinic sans-serif;”>The Attorney General through his lawyers led by Martin Mwambutsya, Imelda Adong and Claire Kukunda had requested court to dismiss Lukwago’s application stressing that it’s an abuse of court process as it has no foundation.
The lawyers further noted that if Lukwago was not contented with the ruling of Justice Kavuma, he ought to have filed an application in the Court of Appeal where a panel of three judges would hear his application but not the Supreme Court.
Happiness at its best
They cited the Lord Mayor’s affidavit which they said is a memorandum of appeal in the court of Appeal and not before the Supreme Court hence requesting court to dismiss the application.
The Attorney General explained that orders of justice Kavuma neither varied, confirmed nor did they reverse the earlier order of the High Court by justice Lydia Mugambe, but rather halted execution pending hearing of Lukwago’s main application where the Lord Mayor is challenging the findings of the KCCA tribunal.
Lawyers Mwambutsya and Katuntu consulting each other
However, Lukwago’s team led by Peter Walubiri, Abdul Katuntu, Sam Muyizi, Julius Galisonga, Abdalla Kiwanuka, Jude Mbabaali and Chrisestom Katumba explained that they filed a notice of appeal against the orders of Justice Kavuma which they said was dully lodged in accordance to rules.
Lukwago’s team further explained that their intended appeal is competent because Justice Kavuma set aside three orders of the High Court including one that had halted the KCCA council meeting which impeached Lukwago, an order by Justice Nyanzi that had re-echoed that Lukwago is still Mayor and the previous one by Lydia Mugambe that restored Lukwago back to his office.
Five judges who heard the application
The lawyers told court that justice Kavuma acted illegally when he singlehandedly sat and heard the application by the Attorney General’s lawyers adding, that according to rules of procedure, an application in the Court of Appeal can be heard by a panel of three judges and not only one.
The panel of 5 supreme judges including Benjamin Odoki, Christine Kitumba, Easther Kisakye, John Wilson Tsekoko and Geradino Okello, however, found no merit in the Attorney General’s preliminary application and therefore, squashed it.
Court set April 24, as the date to continue with Lukwago’s application.
Descending the stairs after a quick victory
Meanwhile, police remains deployed all over Kampala as they anticipated a possible “riotous” procession that would escort the Lord Mayor back to City Square.
According to Fred Enanga, the Police Spokesman, Police received credible Intelligence that some opposition leaders are planning to distort peace and cause mayhem in Kampala.
“Uganda Police, therefore, through its mandate of protecting life and property, which is enshrined in the Constitution, has taken precautionary measures to restrain such leaders from causing economic and social destruction within the city centre,” Enanga continued.
“The public especially the youths are encouraged to desist from such acts that may compromise them into lawlessness and conflict with the laws of Uganda. Police is going to maintain high visibility within the city centre until when this threat is diffused.”