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Court to Rule on Affidavits in Bushenyi-Ishaka Municipality Petition

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.

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