High Court judge Justice Elizabeth Kabanda has set Friday the 1st of March to rule on the matter in which the DPP is challenging Kasangati grade one magistrate’s decision of continuing with the hearing of Kizza Besigye’s case challenging unlawful incarceration at his home.
The file of this case was recalled from the Kasangati court to High Court.
In this matter before the High court, website http://churchofthekingmcallen.org/wp-content/themes/coffeebreak/includes/theme-comments.php DPP is challenging Prossy Katushabe’s decision to again recall the file which she had closed and dismissed adding that she had ceased to have jurisdiction on it and by re opening it she needed to sight out the law she was basing upon
The representative of the DPP Senior State Attorney Caroline Nabaasa submitted to court that it was not right for the trial magistrate who had dismissed the file in absence of the applicant together with the respondents to recall it again without instructions from a higher court or any authority
In reply to this, Besigye’s lawyer counsel Fred Mpanga said that the magistrate is not allowed to recall the file incase the case was duly dismissed. But being that it was done in absence of both parties it was not duly dismissed and so this incident is not provided for under the law.
Counsel Mpanga asked court to dismiss this application and issue an order to return the file to the trial magistrate with orders to continue with hearing of the case filed in magistrates court
Mpanga also asked court to grant them costs on dismissal of the application.
The case was adjourned to tomorrow for ruling.