In her ruling, Lady Justice Dr. Winfred Nabisinde dismissed the application, saying that Nsubuga filed an application seeking similar prayers on March 31st 2021 but withdrew it. According to the judge, the withdraw meant that Nsubuga was already aware that there was a petition against him.
Lady Justice Dr. Winfred Nabisinde has rejected an application to dismiss
a petition challenging the election of Busiro North Member of Parliament, Paul Nsubuga. Through his lawyers led by Chrysostom Katumba, Nsubuga wanted the petition filed
by his rival Edgar Lubadde dismissed on grounds that they were served
outside the stipulated time.
told the court that the petitioner filed the petition on March 19th,
2021. The law requires the petitioner to serve the respondents within seven
days after filing the petition. Katumba told the court that the seven days expired
on March 25th 2021 without the petitioner serving their
He explains in this case; the petitioner should have filed an application
before the court for substituted service after
the first three days
such that the court can extend the time for service. He , however, says that the petitioner filed an application for substituted service on
March 29th 2021, long after the expiry of the stipulated
time. The court allowed the application
on April 1, 2021.
Katumba asked the court to
dismiss the entire petition on grounds that even though the application for
substituted service was granted, the court never extended the time for serving them. In their defence, Lubadde's lawyers led by Christopher Kajwara
and Ezra Nyalwa opposed the application for dismissal, saying that they were directed to pin the
notice of presentation of a petition against Nsubuga on the Wakiso District Administration Notice Board on grounds that the
defendant didn’t have a permanent place of aboard in the constituency.
her ruling, Lady Justice Dr. Winfred Nabisinde dismissed the application, saying that Nsubuga filed an application seeking similar prayers on March 31st 2021 but
withdrew it. According to the judge, the withdraw meant that Nsubuga was already aware that there was a petition against him. She also noted
that the court has powers to extend the time within, which to serve a respondent especially if it
finds special circumstances in the matter.
She asked the two
parties to prepare for scheduling the main petition for a full trial to commence soon. Earlier, the same court declined to admit
on record a report compiled by the police pinning Nsubuga on identity theft. The report has indicated that the defendant’s true name is Peter Mukalazi and had wrongly taken over the identity of Paul
Nsubuga to benefit from a bursary scheme meant for sons and daughters of Uganda People's Défense
Justice Nabisinde rejected the report on the grounds that both
the report and complaints of forging nomination signatures were not in the original petition. Nabisinde also ruled that if at all the report by police is
admitted, the respondents were going to be prejudiced because the detectives
who prepared it did not swear affidavits that would enable the court to summon them
for cross-examination over the allegations contained therein.
Court has scheduled August 31st 2021 to commence full trial. Shortly after the court ruling, Nsubuga said the
case is aimed at wasting his time and resources instead
of serving his voters in the constituency.