Mwenge North election petition hearing deferred

Court of Appeal has deferred the hearing of Mwenge North election petition appeal filed by NRM candidate David Muhumuza and electoral commission, challenging the election of Lawrence Akugizibwe.

Court  of  Appeal  justices Steven  Kavuma, Alfonse Owiny- Dollo and Catherine Bamugemereire said  the main hearing of the appeal and  the ruling  whether to struck out  Electoral Commission cross-appeal or not  will be on  notice.

The hearing was on Monday postponed after the lawyers from both sides raised objections over the appeal.

James Byamukama, the lawyer representing Muhumuza asked court to strike out the cross- appeal of the Electoral Commission on grounds that the appeal had been withdrawn. Cross-appeal is where both parties to a judgment appeal against particular orders.

Byamukama told  the panel that  the appeal  was withdrawn on  July13, 2016 and that  the  withdrawal  notice  was presented  to  court. He asked court to dismiss the cross- appeal application with costs.

 Electoral Commission (EC) lawyer, Geoffrey Kandeebe defended the cross- appeal saying the intention of his client to challenge the decision of the High Court still stands.

"The application by EC to challenge the decision by the lower court remains. It is aggrieved by the decisions of the lower court," Kandeebe said.

Justice Henrietta Wolayo of the High Court   in July nullified Mwenge North parliamentary election. The election had been won by Akugizibwe. The court established   that the election had been marred by malpractices.

The court also ordered the Electoral Commission to pay costs and it has since appealed against the decision.