Court of Appeal in Kampala has today overturned an earlier ruling by the Mubende High Court dismissing an Electoral petition filed by Fred Kasirye Zimula, remedy http://centthor.com/wp-admin/includes/post.php challenging the victory of Mubende District Chairman Godfrey Kibuuka.
The three Justices of the Court of Appeal Remmy Kasule, pilule http://cusanus-studierende.de/wp-admin/includes/credits.php Elizabeth Musoke and Helen Obura ruled that the lower court judge summarily dismissed Kasirye Zzimula’s petition without giving him a chance to clarify to court where he exactly resided and voted from.
Zzimula had stated in his submission that he is a registered voter at Nankuwadde village, in Wakiso District but resides in Mubende District as per his voter location slip that shows him as a voter of Namaswanta polling station Kyanika Parish in Kasanda county North Constituency.
It is from this basis that the Justices ruled that it was incumbent on Justice Murangira to hear and determine the petition on its merit other than dismissing it on a mere preliminary objection.
The judges therefore ordered that the file be remitted back to Mubende High court for hearing of the petition but this time before another judge.