{UAH} Muwema Vs Facebook
Someone sent me a link of the Monitor Newspaper (below) claiming that the High Court in Ireland had ordered Facebook to reveal the identity of Okwalinga aka "TVO". I checked Irish High Court records and they show that no orders or judgments have been issued on the matter. Based solely on the Monitor story, I found the court "order" strange since it does not mention how a court in Ireland has the power to hear the matter (subject matter jurisdiction) if TVO did not post from Ireland. As a preliminary matter, a plaintiff (Mr Muwema) would have to first inform the court that it has the power to hear the case. That means, that TVO had posted from Ireland. Another way would be for Mr Muwema to show that the list of members is controlled from Ireland. But that one is a bit tricky. Even if the list was controlled or stored in Ireland, Mr Muwema would still have to show that a local court in TVO's locale could not deal with the matter.
Even if the court in Ireland has jurisdiction, I'd oppose the disclosure on grounds at TVO's life would be in danger. I'd attach news clips from Kla showing some guy that was detained for a long time because the government suspected him of being TVO. I'd say that my client's would be in danger. I'd present videos of kibooko squad doing its normal thing...I'd attach videos of Mr Kayihura's supporters invading the court and assaulting lawyers. I would attach the video of security officials invading the high court several years ago...I don't recall what the reason was...I think it related to Besigye). All that would show that the courts in Uganda would not be able to provide protection to my client and he would not get a fair trial...if he even made it to court alive!
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---------- Forwarded message ----------
From: <@musokelaw.com>
Date: Mon, Aug 29, 2016 at 1:17 PM
Subject: Muwema
From: <@musokelaw.com>
Date: Mon, Aug 29, 2016 at 1:17 PM
Subject: Muwema
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