{UAH} WHO IS THIS BOY-FRANK TUMWEBAZE? WHERE DID M7 GET HIM?

Tumwebaze asks court to throw out Lord Mayor's case

As the High Court gets ready to hear the grievances of Kampala Lord Mayor Erias Lukwago tomorrow, the minister in-charge of Kampala has asked the court to dismiss the same saying, it has been overtaken by events.

Mr Frank Tumwebaze's request was contained in his affidavit in reply to Lukwago's application that he is seeking to quash the Kampala Capital City Authority Tribunal Report that led to his controversial impeachment late last year.

Mr Tumwebaze also brands Lukwago's application for judicial review as being 'bad in law', 'premature' among others and raises no relevant grounds for grant of remedies that he is seeking.

"I have been informed by my counsel the Attorney General whose information I verily believe to be truthful that this application as presented in court is premature, bad in law, frivolous, prolix and raises no relevant grounds for the grant of the remedies sought there in," minister Tumwebaze states in an affidavit he filed in court yesterday. "The application has been overtaken by events since the applicant (Mr Lukwago) was dully removed from office on November 25 2013. I have been also advised by my counsel that the process to remove the applicant as the Lord Mayor was valid," he adds in his affidavit.

According to court records, the removal of Lukwago from office of Lord Mayor was dully communication to him on the December 9 last year and that it was sent to him by a mail and logistics services provider DHL.

However, Justice Yasin Nyanzi who is set to hear this application tomorrow, has since come out clearly to say that the interim injunction given by Deputy Registrar Fred Waninda on his orders, still stands until this very application is heard and determined.

According to Court, Mr Lukwago is still the Lord Mayor though the Executive arm of government has also come out to reject the same, arguing that the court injunction came minutes after 10am on November 25 when the 29 KCCA councillors had already impeached him at 9:30am.

Further in his defence, the minister denies allegations raised by Mr Lukwago in his application for having connived with the Justice Bamugemereire –Tribunal to extend its hearing period, saying it was necessary fair and judicious execution of the Tribunal's assignment.

Mr Lukwago is accusing minister Tumwebaze for having connived with the Tribunal members to extend the period of operation of the Tribunal after its 60 days provided under the law ran out without finalising with the report.

The minister adds that Mr Lukwago was also a beneficiary of this extension as its in the same extension period that he appeared before the Tribunal to give his defence.

awesaka@ug.nationmedia.com

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