{UAH} EXPUNGING THE GHOST OF KASIBANTE MOSES Vs KATONGOLE SINGH MARWAHA P. & THE EC HC ELECTION PETITION NO.23 OF 2011.
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EXPUNGING THE GHOST OF KASIBANTE MOSES Vs KATONGOLE SINGH MARWAHA P. & THE EC HC ELECTION PETITION NO.23 OF 2011.BEFORE: HON. MR. JUSTICE V.F. MUSOKE KIBUUKA. In light of the above case, the learned justice had this to note:
'The second factor which added illegality upon illegality was the fact that, vide Miscellaneous Application No.85 of 2011, THE HIGH COURT ISSUED AN INTERIM ORDER OR INJUNCTION STAYING THE RECOUNT until after Revision Application No.07 of 2011 would be heard and determined by the High Court. The first respondent and second respondent denied that that the interim order was ever effectively served upon any of them. … Court, however, upon the basis of the evidence on record, is satisfied that the order was effectively served upon everyone who was to be served. THE SERVICE WAS IGNORED AND THE RECOUNT WENT AHEAD IN TOTAL DISOBEDIENCE OF THAT ORDER OF THE HIGH COURT.
COURT MUST STATE THAT THE HIGH COURT'S ORDER, IN THAT REGARD, WAS VERY WELL DIRECTED. It was directed to the person who, in law, was supposed to conduct the recount. He was effectively served with it. He did nothing to stop the process, which apparently was not under his control, anyway. The returning officer argues that the order was not directed against her. It need not be. She had no powers to conduct the recount. Why would the High Court have directed that order against her?
It might well be the first time that a lower court ignored an order of the High Court stopping a court process. It may also be the first time that we see a PUBLIC OFFICER IGNORING AN ORDER OF THE HIGH COURT HALTING SUCH PROCESS. IT SURPRISES THIS COURT TO NOTE THERE WERE ALSO ADVOCATES OF THIS COURT THAT WERE INVOLVED AND ENCOURAGED THE DISOBEDIENCE. SUFFICE IT TO SAY, SUCH TREND DOES NOT AUGUR WELL FOR THIS COUNTRY'S EFFORTS TO CEMENT THE RULE OF LAW.'
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H.OGWAPITI
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"To announce that there must be no criticism of the president, or that we are to stand by the president right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."
---Theodore Roosevelt
'The second factor which added illegality upon illegality was the fact that, vide Miscellaneous Application No.85 of 2011, THE HIGH COURT ISSUED AN INTERIM ORDER OR INJUNCTION STAYING THE RECOUNT until after Revision Application No.07 of 2011 would be heard and determined by the High Court. The first respondent and second respondent denied that that the interim order was ever effectively served upon any of them. … Court, however, upon the basis of the evidence on record, is satisfied that the order was effectively served upon everyone who was to be served. THE SERVICE WAS IGNORED AND THE RECOUNT WENT AHEAD IN TOTAL DISOBEDIENCE OF THAT ORDER OF THE HIGH COURT.
COURT MUST STATE THAT THE HIGH COURT'S ORDER, IN THAT REGARD, WAS VERY WELL DIRECTED. It was directed to the person who, in law, was supposed to conduct the recount. He was effectively served with it. He did nothing to stop the process, which apparently was not under his control, anyway. The returning officer argues that the order was not directed against her. It need not be. She had no powers to conduct the recount. Why would the High Court have directed that order against her?
It might well be the first time that a lower court ignored an order of the High Court stopping a court process. It may also be the first time that we see a PUBLIC OFFICER IGNORING AN ORDER OF THE HIGH COURT HALTING SUCH PROCESS. IT SURPRISES THIS COURT TO NOTE THERE WERE ALSO ADVOCATES OF THIS COURT THAT WERE INVOLVED AND ENCOURAGED THE DISOBEDIENCE. SUFFICE IT TO SAY, SUCH TREND DOES NOT AUGUR WELL FOR THIS COUNTRY'S EFFORTS TO CEMENT THE RULE OF LAW.'
--
H.OGWAPITI
-----------------------------------------------------
"To announce that there must be no criticism of the president, or that we are to stand by the president right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."
---Theodore Roosevelt
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