By UTN ReporterKampala - The Court of Appeal has overturned the Mubende High court decision that dismissed an election petition challenging the victory of the District boss Francis Kibuuka Amooti.
Justices Remmy Kasule, Elizabeth Musoke and Hellen Obura observed that the trial Judge based at Mubende summarily dismissed Kasirye Zzimula Fred's petition without giving him a chance to clarify to court where he exactly resides and votes from.
According to the evidence adduced to Court by Zzimula who was a candidate in the District LC5 polls, he is a bonafide registered resident at Nankuwadde village, in Wakiso District, but also resides in Mubende District as per his voter location slip, that also shows him as a voter of Namaswanta polling station, Kyanika Parish in Kasanda county North Constituency.
Its on this basis that the Justices said it was incumbent on Justice Murangira to hear and determine the petition on its merit other than dismissing it on a mere preliminary Objection.
They then ordered that the file be remitted back to Mubende High Court for the petition in which Zzimula accuses Kibuuka of committing electoral offences, to be heard before another Judge.
Bazigatirawo Kibuuka Amooti has also been ordered to pay Zzimula costs both in this court and the High court in Mubende.
In his Judgment, delivered on 24/May//2016, Justice Joseph Murangira dismissed Zzimula's petition on grounds that he is not a resident of Mubende District and therefore had no locus to file the petition.