Bukenya skips mediation over man''s wife

By Emmanuel Luganda

Former Vice President Gilbert Bukenya Tuesday skipped mediation that was slated to take place at the High Court Family division, Kampala.

Bukenya, who is battling a case of snatching another man's wife, Margret Kabasinguza, who was legally married to Emmanuel Nyabayango, skipped mediation which was to place at the registrar's office at High Court premises.

The plaintiff (Nyabayango) who arrived at 8:00am at Court with his lawyer Ambrose Rukundo, went straight to the registrar's office, where mediation was to be held but was told that the defendant (Bukenya) and the woman in question, Kabasinguza hadn't reported.

"We have spent one hour waiting at the premises but neither of the two had turned up," Nyabayango explained in anger.

He added that the defendant never sent any communication which was also a sign of disrespect.

The registrar's office has set May 27, to reconcile the two parties through mediation.

In the last sitting, where Bukenya and Kabasinguza never appeared, Nyabayango's lawyer asked court to proceed with the trial saying that the two knew that she was supposed to appear before court.

"Since Kabasinguza never informed court in time I am requesting court to go on with the hearing," Nyabayango's lawyer asked Court.

In response Justice Percy Tuhaise, who presided over the case, issued a mediation notice for settlement on pending grievances under the guidance of a Court registrar or mediator, which they shunned yesterday.

"If mediation hearing fails, we shall commence with the full trial of the case," judge Tuhaise said.

This is the second time this case is subjected to mediation.

Tuhaise told court that at first the joint schedule memorandum and mediation notice was not in court records due to missing facts.

The memorandum summarizes the legal principles that guide courts in the determination of joint custody issues.

In November 2014, the court had directed both Bukenya's lawyer to file a defence to the suit and Nyabayango's lawyer to file a joint scheduling memorandum but submitted insufficient information.
 
On July 1, 2014, Tuhaise ruled that Bukenya had a case to answer and should, therefore, defend himself but neither Bukenya nor his lawyer turned up in court for the case.

Prior to the ruling, Bukenya through his lawyer had raised preliminary point of law when they sought to dismiss the case on grounds that a fresh case opened against Bukenya was illegal and lacks cause of action because Nyabayango had already been compensated. 

In reply, Nyabayango's lawyer, Ambrose Rukundo argued that his client was paid before going to court and a woman cannot be bought.

Nyabayango through his lawyer filed the case against Bukenya in July 17, 2012 accusing him of seducing his wife, Margaret Kabasinguzi.

He also claims that Bukenya has a child with his wife, saying it was "unconstitutional and barbaric.

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