A panel of three Justices, Deputy Chief Justice Richard Buteera, Catherine Bamugemereire, and Irene Esther Mulyagonja on Thursday dismissed an appeal that was filed by Hamis Musoke Walusimbi on grounds that it was filed out of the 14 days stipulated time.
The Court of
Appeal dismissed an election appeal challenging the victory of
Nansana Municipality Member of Parliament Hannington Nsereko Wakayima
A panel of three Justices, Deputy Chief Justice Richard Buteera, Catherine
Bamugemereire and Irene Esther Mulyagonja on Thursday dismissed an appeal
that was filed by Hamis Musoke Walusimbi on grounds that it was filed out
of the 14 days stipulated time.
The Justices argued that Walusimbi’s justifications of seeking an extension of
time to file his appeal were weak, lame, and unacceptable. Walusimbi asked the court
for an extension on grounds that he was misled by the Court Registry staff that
an appeal has to be filed together with a notice of appeal and record of
proceedings from the High Court.
In the decision read by Justice Bamugemereire, the Court ruled that this was
unacceptable because there is no way how a Junior staff of Court would have misled
Walusimbi's lawyers as he had stated.
According to the Judges Walusimbi ought to have considered a number of issues
before he chose the lawyers who represented him such as doing due diligence,
the cases they have handled before their relationship among other issues.
They also added that considering the delay and time taken to file the
appeal, it looked like it was an afterthought and Walusimbi had not intended to
proceed up to the Court of Appeal.
the case with costs for having been an abuse of the Court process. Walusimbi was being
represented by lawyer Abbas Bukenya, Kabuye Twaha Haruna.
Wakayima who was represented by lawyer Richard Latigo welcomed the decision
saying that he is going to demand heavy costs from Walusimbi on grounds that way
back when he was first brought to the Court of Appeal, he lost a case and paid more
than 200 million Shillings in costs.
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Cue out: sente zona azillide".//
//Cue in: " Court is very
Cue Out: of
the Court”. //
by the Judges arises from three consolidated applications from an appeal in
which Wakayima's rival Walusimbi was challenging the September 22
2021 High Court decision. Wakayima of the National Unity
Platform-NUP party garnered 67,862 votes while Walusimbi got 744 votes.
Henrietta Wolayo upheld his victory and ruled that he has the required academic
documents to be a Member of Parliament.
Walusimbi appealed on grounds that Wakayima had name discrepancies on
several documents including the National IDs, Passport, PLE documents among
He added that the judge erred in fact
and law when she held that Wakayima swore a deed poll which legally made
him adopt the academic documents in the name of Musoke
The Electoral Commission through its lawyers led by Hamidu Lugoloobi filed
an application seeking the court to dismiss the appeal on grounds that it was
filed out of the stipulated 14 days that are provided for in law.