During the session, Tayebwa presented 13 affidavits that he said should be considered during the hearing of the petition.
The lawyers of Bushenyi-Ishaka Municipality Member of Parliament,
Derrick Kabuura have asked Court to dismiss the petition filed by FDC’s Oddo
Tayebwa.
Tayebwa petitioned the court challenging the victory of Kabuura alleging malpractices,
intimidation and bribery among others.
On Thursday, Mbarara High Court presided over by Justice Moses
Kazibwe Kawumi convened for the pre-hearing session. During the session, Tayebwa
presented 13 affidavits that he said should be considered during the hearing of
the petition.
However, Kabuura through his lawyers led by Geoffrey Kandeebe asked
the court not to consider the affidavits.
Kandeebe told the court that the commissioner of Oath Sawuya
Matovu who authored
or interpreted the oaths of the affidavits never gave his full address as it is
required by the Illiterates Protection Act. The Commissioner of Oath is
supposed to provide the full name and the address at the bottom of the
affidavit.
Tayebwa’s lawyers Frank Kandiho and Brain Moogi also prayed to the
court that 18 affidavits of Kabuura be thrown out because they are incompetent
and were filed out of time without leave of court.
They told the court that filing affidavits past the required time
were a blatant abuse of the court process noting that 6 of the affidavits were
filed on 25th August morning and served to them in the evening.
Justice Kazibwe set August 31 when he will rule on the issues
raised by both parties.
