Court declines to add MUK to Kato Lubwama case

Nov 05, 2016

Makerere University's presence was not necessary to enable court to adjudicate on issues involved in the petition

The High Court in Kampala has declined to add Makerere University as a party to the petition in which Paul Kato Lubwama's election as Rubaga South MP is being challenged over academic qualifications.

 

On Friday, Justice Margaret Oumo-Oguli, the deputy head of the civil division declined pleas by Habib Buwembo's lawyer to add Makerere University as a party, saying its presence was not necessary to enable court to adjudicate on issues involved in the petition.

"In my opinion the matter of proof of Lubwama's academic qualifications is relevant in the main petition and court does not find it necessary in this application for extension of time," Oguli stated.

Citing the Civil Procedure Rules under Order 1 R10 (2), Oguli stated that the court may at any stage of the proceedings either upon or without the application of either party order that the name of a party improperly joined, be struck out and that of any person who ought to have been joined, whose presence before the court may be necessary in order to enable court to effectually and completely to settle all questions involved in the suit, be added.

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