By K H Mulangira
Justice of High Court Musa Ssekaana on Monday set aside a court order judgement against Democratic Party . Whisper Eye Reports.
Democratic party petitioned court for a review of a court order between Ssenkubuge Rajab a democratic party member and Democratic party officials purporting to be acting for the city house-based party.
Whisper Eye has learnt that DP president Hon Norbert Mao asked court to set aside a Consent Judgment or Order in MISC. CAUSE NO. 89 OF 2019 entered into between Ssenkubuge Rajab (Applicant) Vs Democratic Party Uganda (Respondent) on the 9th March 2020.
In the affidavit Mao also said a wrong party was sued since the order has Democratic Party Uganda as the respondent instead of Democratic party.
According to the President of DP, lawyer Muyizzi Samuel the party legal advisor commenced the proceedings without instructions from the Democratic Party a Corporate Body and had no powers to enter into said consent that was clearly opposed by DP governing organs.
That the consent affected DP activities and undermined the Legally set and known principles and orders of Judicial Review contrary to Rule 2 The Advocates (Professional Conduct) Regulations and The Advocates Act of Uganda.
In a court ruling delivered electronically by Justice Ssekaana Musa , he defined Review as means of re-consideration of order or decree by a court which passed the order or decree.
In the circumstances of this case, a wrong party was sued and therefore the entire application was a nullity. The judge ruled.
Justice Ssekaana agreed with Democratic party president Mr Mao that the consent judgement was executed by persons not authorized by the Democratic party and or without authority.
His Lordship in stressing his ruling , noted that since this court had earlier found that the main application was brought against a non-existing party,(Democratic Party Uganda) the consent judgment be set aside and Miscellaneous Application No. 89 of 2019 be dismissed with no order as to costs since it was brought against a non-existing party. Justice Ssekana emphasised.
Talking to Whisper Eye, Mukasa Mbidde the Democratic Party Vice president and a lawyer who appeared for the Democratic party had this to say , “it’s a success story for DP , a jigger had entered our feet without our knowledge , we have successfully uprooted it.
He Said, The jigger was a conspiracy by individuals to bunco and chicanery attempting to collect persons of common thinking calling that collection of national council of the DP there by attempting to elect leaders to fill vacate positions.
Accordingly, court has ruled all their acts an illegality and dismisses them accordingly. Added Mukasa Fred Mbidde the East Africa Member of parliament.
Efforts to get a word from Rajab Ssenkuguge was futile despite all efforts by Whisper Eye team.
However sources close to Mr Rajab say that he will appeal the ruling