A Kampala businessman has declined to withdraw his case against Deputy Chief Justice Steven Kavuma.
Wilfred Bugingo sued Kavuma, the Court of Appeal head, for failure to fix his appeal for hearing. Bugingo won a land case in the High court against Willy Jaggwe but when the latter lodged an appeal, Bugingo claims Kavuma refused to set a hearing date for his application.
Appearing before Justice Lydia Mugambe on Monday, Kavuma’s lawyer Enos Tumusiime asked that the case be withdrawn because it had been overtaken by events.
“I don’t know really why we are wasting court’s time. What the applicant wanted has already been done,” Tumusiime said, referring to the fixing of the hearing of Bugingo’s application before the Court of Appeal.
Tumusiime told court that now that Kavuma had fixed a date for the hearing of the case, it was irrelevant to continue with the case in the High court. However, Bugingo’s lawyer, Peter Allan Musoke, insisted that his client wants the case to go on.
“The applicant wants the motion to be attended to and adjudicated on its own merit as at the date of filing it,” Musoke told court.
“I agree that there was a fixing of the hearing in the appeal, but that doesn’t address the applicant’s concerns. The applicant seeks to review the administration of justice in the judiciary and it’s on that premise that he wants the case to proceed…”
Monday’s hearing followed an adjournment on February 9 in which Justice Mugambe ordered that Deo Nizeyimana, the Court of Appeal deputy registrar, appears before her court to be cross-examined. Nizeyimana had sworn an affidavit in defence of Justice Kavuma.
Musoke wondered how Nizeyimana would swear an affidavit yet it was not him who had been sued. Although he lurked around the court premises before the hearing of the case began, Nizeyimana didn’t show up for cross-examination. Tumusiime told him there was no need to appear.
According to Tumusiime, the case had been technically closed. However, Justice Mugambe said it was not up to Tumusiime to say the case had been closed.
“He should have been here whatever the circumstances; it is court that can make that order [closing the case],” Mugambe said.
The judge adjourned the case to April 5 and ordered that Nizeyimana shows up for cross-examination.
“The deponent should be here because that is a direct order from court,” Mugambe said. She, however, advised the parties, “in light of new developments in the Court of Appeal” to have a discussion with a view of settling the matter out of court.
In the last hearing on February 9, Kavuma stunned court when his personal assistant served court with a notice fixing Bugingo’s case for hearing on April 27.
BACKGROUND
Bugingo contends that Justice Kavuma had failed to appoint a coram of judges to hear an application seeking to stay the execution of an earlier order issued by the High court.
Bugingo further contends that Justice Kavuma had continuously, contrary to the law, heard cases and delivered judgments as a single judge of the Court of Appeal. He wants court to review Kavuma’s actions.
In 2014, Bugingo sued businessman Willy Jaggwe and 22 others for trespassing on his land measuring 414,3480 hectares in Lwensololo village, Mubende district.
He claimed the trespass had caused massive destruction to his farm and the commercial tree plantation therein. High court judge Andrew Bashaija ruled in his favor, awarding him Shs 2.8bn and 500 million in special and general damages respectively.
bakerbatte@observer.ug