By Ruth Anderah
Nasser Ashraf has been declared as the validly elected Jinja City Southern Division mayor.
Three justices of the Court of Appeal dismissed an appeal that was lodged by his political rival Musisi Kibuguju, who had challenged his victory because it was not free and fair.
The Jinja High Court had dismissed Kibuguju’s petition after accusing him of failing to adduce any evidence supporting his vote-rigging allegations and other electoral malpractices.
However, being dissatisfied, Kibuguju run to the Court of Appeal seeking orders to stay the Jinja High Court decision and order for a by-election.
In their unanimous ruling, the justices led by Justice Elizabeth Musoke dismissed the said Appeal and ordered Kibuguju to pay costs to Nasser on grounds that the trial judge properly evaluated the evidence adduced in court before dismissing Kibuguju’s Petition
“We earlier found out that all affidavits of the appellant’s petition were rightly struck out by the trial judge for being invalid. Thus, the petition was deprived of evidence and could not succeed in proving out the claims set in it”.
Justice Musoke further stated that the trial judge was justified in reaching some conclusions, he reached, while in other instances, he might have committed some legal errors, but maintained that there was not sufficient evidence of bias.
