The appeal against Kania is among the 12 appeals so far filed before the Court of Appeal challenging the decisions arising from various High Court circuits that heard the 155 petitions arising from the parliamentary and local government elections held in 2021.
State Minister for Lands, Housing and Urban Development Mario Kania Obiga speaking in Kitgum Municipality on Wednesday.
The loser of
the Terego East Parliamentary elections in Terego District, Apama Amato Boroa has
filed an appeal challenging the decision to dismiss his election petition
against the State Minister for Lands Obiga Kania.
stood on the Alliance for National Transformation -ANT ticket in the January
14th 2021 elections and obtained 5,925 votes against Kania 's 10,544 votes sued
him alongside the Electoral Commission citing name discrepancies in his
Apama, Kania who emerged victorious on the National Resistance Movement party
ticket submitted academic documents for nomination in different names which
according to him belonged to different persons.
Apama noted that
one of the documents had the name Morris. A. K. Obiga, another, Morris Azuma
Kania Obiga, the third in the names of Obiga Mario, while the other documents had
the name Obiga Mario Kania and the last indicated Obiga Kania.
September 1st 2021, the Lira High Court Judge Boniface Wamala dismissed Apama's
petition with costs on grounds that the affidavits supporting it were
commissioned by lawyer Daizy Bandaru whose practicing certificate had expired
and he was also being represented by another lawyer Jimmy Madira who didn't
have a valid practicing certificate.
The Judge then
ruled that practicing law without valid practicing certificates is unlawful and
criminal adding that the petition couldn’t be rectified since the court lacked
jurisdiction to do so.
As a result, Justice Wamala agreed with the
Electoral Commission and Kania's lawyers and stuck off the petition
before advising Apama to take legal disciplinary action against his lawyer for
not having a valid practicing certificate. The Judge also ordered Apama to pay
the Minister and the Electoral Commission costs of the petition.
satisfied with the decision, Apama through his lawyers of Madira and Company
Advocates has filed an appeal in the Court of Appeal in Kampala raising two
grounds to challenge it.
that learned trial Judge erred in law and fact and judiciously when she went
against the spirit of the provisions of the law which seeks to protect clients
from acts of Advocates, to dismiss the petition with costs to the respondents
without a good cause.
that the learned trial Judge erred in law to dismiss his petition without giving
him an option to rectify it saying that the situation exists and is
only lawfully available where a party applies to court for leave to take
such steps to ameliorate the situation before the issue is brought to court for
notice that the details of the grounds on which this appeal is set out are
contained in the pleadings, annextures, record of proceedings, orders, ruling
and judgement of the trial court, which shall be read and relied on at the
hearing of the appeal", it reads in part.
wants the Court of Appeal to set aside the ruling and orders issued by learned
trial Judge in the High Court and order that the matter be tried and heard on
in the alternative and without prejudice, the judgement, ruling and or orders
issued by the learned trial Judge in the High Court petition, be varied as to
costs", it adds.
Apama, he also wants the Court of Appeal to order Obiga Kania as well as the
Electoral Commission who are listed as the respondents to pay him costs of the
against Kania is among the 12 appeals so far filed before the Court of Appeal
challenging the decisions arising from various High Court circuits that heard
the 155 petitions arising from the parliamentary and local government elections
held in 2021.