On Wednesday, Musumba’s lawyer, John Isabirye informed the court presided over by the Jinja High Court Registrar, Fred Waninda that they have tried to serve Kadaga or her lawyers in vain, which prompted to file an application for substituted service.
Kadaga, the speaker of parliament and Kamuli Woman Member of Parliament has
asked Jinja high court to dismiss an application for substituted service by her
rival, Salamu Musumba.
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. Musumba is challenging
Kadaga’s victory in the January 14th, 2021 parliamentary polls for alleged
voter bribery and rigging.
On Wednesday, Musumba’s lawyer, John Isabirye informed the court presided over by the Jinja High Court Registrar, Fred Waninda
that they have tried to serve Kadaga or her lawyers in vain, which prompted to
file an application for substituted service.
He told the court that Kadaga’s lawyers served
him with the respondent’s affidavits in reply to the main petition at 3:00 pm on
Wednesday, days after he filed the application. He prayed that the court adjourns the hearing for two days to enable him to peruse through the
In his response, Kadaga’s lawyer, John
Mary Mugisha denied being served by Salamu or her lawyers, which prompted their
client to seek court redress after hearing about the petition for the media. He
also told the court that Musumba’s application had been overtaken by events since
they had already received the petition from the court and filed their reply
He said the application for substituted
service didn’t carry any merit, arguing it would be a waste of the court’s time to
hear such an application. Mugisha asked the court to dismiss the application with
costs as they prepare for the hearing of the main election petition.
Waninda adjourned court until April 21st, 2021 when he will deliver
his ruling on the application. Meanwhile, Musumba told URN in an interview
that she had written to the principal judge complaining about the conduct of
judicial officers at Jinja high court whom she accuses of frustrating her
efforts to get justice.
She says that decision
of the court officials to serve the respondent directly without her consent is prejudicial.
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However, Kadaga’s lawyer, Emmanuel Opio,
dismissed Musumba’s claim, saying that she lacks evidence to support her claims
implicating their client for flouting court processes.