The Court of Appeal presided over by a quorum of three judges led by the deputy Chief Justice, Steven Kavuma, Barishaki Cheborion and Helen Obura has temporarily halted the hearing of a petition, in which a voter is challenging the election of Kato Lubwama as Rubaga South MP over his academic qualifications.
In December 19, 2016, the deputy head of the civil division, Margaret Oguli-Oumo, granted Buwembo permission to file an election petition against Lubwama within 30 days, challenging his academic qualifications, which he abided with.
Justice Cheborion Barishaki today issued an interim order staying the High Court proceedings, saying there was a substantive application and threat that the hearing of the petition may take place before an application filed in the appeal court is heard, which would amount to injustice.
Barishaki also noted that the acts of Habib Buwembo of petitioning the registrar of the civil division of the High Court, Alex Ajiji, to fix the matter for hearing in a shortest time cannot be taken lightly.
“The High Court should stop hearing proceedings of an election petition against Lubwama, pending the hearing of an application for leave to appeal against its orders” Barishaki directed.
Justice Barishaki also directed the registrar of Court of Appeal, Deo Nizeyimana, to fix the application for leave to appeal against Oguli’s orders quickly.
He noted that an order directing Buwembo to file a petition against Lubwama had been over taken by events since the petitioner had already filed and Lubwama responded to it.
Lubwama is represented by lawyers, Caleb Alaka, Samuel Muyizi and Nalukoola Luyimbazi while Buwembo is represented by lawyers, Isaac Ssemakadde, Aaron Kiiza and Peter Kibirango. Buwembo in August filed the petition seeking to be allowed to file an election petition against Lubwama’s election as MP. He contends that Kato Lubwama lacks the minimum qualifications to hold the position.