Appeal Rejects Ngime Papers
Sep 17, 2002
THE Court of Appeal yesterday rejected Ngoma Ngime’s academic papers, saying they were smuggled into the court record, reports <b>Hillary Nsambu</b>.
THE Court of Appeal yesterday rejected Ngoma Ngime’s academic papers, saying they were smuggled into the court record, reports Hillary Nsambu.
Justices S.G. Engwau, Catherine B.N. Kitumba and Constance Kategaya Byamugisha said they would not accept the papers because the lower court had rejected them.
In a ruling read by the Registrar of the Court of Appeal, Joseph Murangira, yesterday, the Justices said, “We find some merit in the preliminary objection that Ngime’s documents were not part of the court record at the trial because they were rejected by the trial judge.â€
Ngime, who lost to Mbarara Municipal Council MP, Winnie Byanyima, in the previous parliamentary elections, wanted the Appeal Court to include on the court record, academic papers he allegedly obtained from the Al-Fateh University, Libya, as supporting documents for his appeal.
Ngime lost an election petition in which he had sought to unseat Byanyima, alleging numerous electoral offences.
When the appeal came up for hearing on September 10, State Attorney Oryem Okello, representing the Electoral Commission, and Peter Mukidi Walubiri, for Byanyima, raised a preliminary objection, requesting the court to throw out the documents and seven grounds of Ngime’s appeal.
The advocates said the grounds of appeal contradicted the court rules, while the documents had been smuggled into the court records.
But the justices struck out only three grounds and Ngime’s appeal will proceed without them.
Ngime had said the trial judge failed to properly evaluate the evidence on record.
Ngoma Ngime had also said the trial judge made a mistake when he rejected his academic papers which were sent from the Libyan university during the trial.
Ends
Justices S.G. Engwau, Catherine B.N. Kitumba and Constance Kategaya Byamugisha said they would not accept the papers because the lower court had rejected them.
In a ruling read by the Registrar of the Court of Appeal, Joseph Murangira, yesterday, the Justices said, “We find some merit in the preliminary objection that Ngime’s documents were not part of the court record at the trial because they were rejected by the trial judge.â€
Ngime, who lost to Mbarara Municipal Council MP, Winnie Byanyima, in the previous parliamentary elections, wanted the Appeal Court to include on the court record, academic papers he allegedly obtained from the Al-Fateh University, Libya, as supporting documents for his appeal.
Ngime lost an election petition in which he had sought to unseat Byanyima, alleging numerous electoral offences.
When the appeal came up for hearing on September 10, State Attorney Oryem Okello, representing the Electoral Commission, and Peter Mukidi Walubiri, for Byanyima, raised a preliminary objection, requesting the court to throw out the documents and seven grounds of Ngime’s appeal.
The advocates said the grounds of appeal contradicted the court rules, while the documents had been smuggled into the court records.
But the justices struck out only three grounds and Ngime’s appeal will proceed without them.
Ngime had said the trial judge failed to properly evaluate the evidence on record.
Ngoma Ngime had also said the trial judge made a mistake when he rejected his academic papers which were sent from the Libyan university during the trial.
Ends