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Court Grants Salamu Musumba Substituted Service

On Thursday, Justice Luswata however, argued that, since election petitions are matters of public interest, it was prudent to follow the right rules and procedures involved in serving such petitions, to avoid cases of prejudice. Luswata further directed the petitioner to serve the respondents’ lawyers with certified copies of the petition in two days.
Salamu Musumba and her lawyer, John Isabirye interact outside the court room.

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The Jinja High Court resident judge, Eva Luswata, on Thursday has granted Salamu Musumba substituted service.

Musumba applied for substituted service on claims that Kadaga or her agents had declined to receive the petition in which she is accused of involvement in vote-rigging and voter bribery during the recently concluded parliamentary elections.

Substituted service in legal terms means that an applicant can serve an accused person by leaving the documents with a designated agent, adult in the recipient's home or place of work.

In her application, Musumba states that she attempted to serve the petition to Kadaga at her known public office located at the Parliament of Uganda but was busy, prompting her to apply for substituted service.

Salamu filed the application faulting the speaker of parliament, Rebecca Kadaga for failure to receive the petition in which she is accused of vote-rigging and voter bribery, during the recently concluded parliamentary elections.

However Kadaga’s lawyer, John Mary Mugisha argued that their client had discovered the petition through the media and decided to receive it directly from the court registry.

Mugisha further stated that the application had lost merit since the respondent had received the petition and replied to it accordingly therefore, it would tantamount to wastage of court time if it had been granted.

On Thursday, Justice Luswata however, argued that, since election petitions are matters of public interest, it was prudent to follow the right rules and procedures involved in serving such petitions, to avoid cases of prejudice.

Luswata further directed the petitioner to serve the respondents’ lawyers with certified copies of the petition in two days.

Salamu’s lawyer, John Isabirye says that the extended time will enable them to effectively adhere to all the required rules while serving the petition to the respondent’s lawyers.

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Salamu welcomed the ruling saying it is a clear indication that the rules and laws of the country apply to all people irrespective of their social status.

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