Some of the founding members of the National Unity Reconciliation and Development Party-NURP that later metamorphosed into the National Unity Platform have run to the Court of Appeal to challenge the party’s ownership.
Last year, the High Court confirmed the ownership of the National Unity Platform as being in the hands of presidential candidate, Robert Kyagulanyi following a case by the party’s founding members.
However, in their appeal, Difas Basile and Hassan Twala say they were not satisfied with ruling of the High Court that had some errors.
“The learned trial judge erred in law and fact , manifested bias and acted in a high handed manner when he unilaterally and of his own motion at the stage of the judgment decided to amend the proceedings by deleting the 2nd and 9th respondents from the list of named respondents in the suit and adding them as the 3rd and 4th applicants which resulted in a gross miscarriage of justice as court had hijacked the suit as filed by the first and second applicants changing its character,” the appellants say.
The two appellants also argue that the judge erred when he at the stage of judgment decided to add Moses Nkonge Kibalama and Paul Kagombe as applicants to the suit without any application to that effect by any party but also without giving the affected parties an opportunity to enter amended proceedings contrary to the well-known civil procedure.
“The learned trial judge erred in law and fact when he held that the application in issue used a wrong procedure and as a result, he erroneously dismissed the matter without considering its merits which occasioned a failure of justice to the parties.”
The two NURP members say Justice Musa Ssekaana failed on his duty when he didn’t properly evaluate the evidence on record of the case when he held that the case was brought to his court without a locus standi and an abuse of court process.
The group now wants the Court of Appeal to set aside the ruling by the High Court and order a re-trial of the matter conducted by a different judge.
In the latest efforts challenging the ownership of the National Unity Platform, the controversial Moses Nkonge Kibalama is not part but rather other members of his party.
Kibalama recently ran to the High Court in Kampala seeking for compensation over torture, saying he was tortured, coached and forced to lie about Robert Kyagulanyi in the NUP case.