The Court of Appeal has directed that the High Court hears afresh, the election petition in which Fred Nyanzi Ssentamu challenges the election of Muhammad Nsereko as Kampala Central MP.
Nsereko was declared winner of the January 14 election as Kampala Central MP after being Nyanzi in a tight contest.
Having lost the election, Nyanzi, an elder brother to former presidential candidate and National Unity Platform(NUP) leader Robert Kyagulanyi challenged Nsereko’s victory in the High Court citing ballot stuffing among other grounds and in the suit, the Electoral Commission and the returning officer were listed as respondents.
However, the case was dismissed by the court on grounds that Nsereko had not been served with the petition.
Nyanzi filed another application asking court to allow him do substituted service to Nsereko but Justice Philip Odoki threw the same out.
This prompted Nyanzi to run to the Court of Appeal.
On Friday morning, thre justices of the Court of Appeal including Geoffrey Kiryabwire, Stephen Musota and Christopher Gashirabake ruled that reasonable steps were taken by Nyanzi’s lawyers to serve Nsereko with the petition.
“Because of the above reason, this ground succeeds,” the judges.
The judges however noted that it was wrong for Justice Odoki to throw out Nyanzi’s application for an order for substituted service to Nsereko.
They consequently ruled that Nyanzi’s appeal succeeds and ordered that the case be tried again by the High Court but before another judge.
“This appeal is allowed and we make orders that the hearing at the High Court resumes but before another judge.”
The judges also directed that the petition be served to Nsereko through his law firm of Nsereko, Mukalazi and Company Advocate