Fred Nyanzi, the former Kampala Central parliamentary hopeful and brother to NUP head Robert Kyagulanyi has before Court appealed against the High Court that ruled dismissal of his petition challenging Muhammad Nsereko’s victory.
Last week, the High Court Justice, Her Lordship Margaret Apiny dismissed Nyanzi’s petition challenging the victory of his rival on grounds that Nyanzi failed to serve Nsereko, who was the third respondent to the application.
Nyanzi had sued the Electoral Commission, the Kampala returning officer, and Nsereko in March 2021, citing electoral irregularities including voter bribery.
While the applicant ably served the first two respondents, he failed to serve Nsereko who he accused of dodging service.
Through his lawyers, Semuyaba, Iga, and Company Advocates, Nyanzi has now filed a notice of appeal before the High Court in Kampala challenging the ruling of Justice Apiny.
“Take note that the appellant in this being dissatisfied with the judgment or ruling of the Honorable Lady Margaret Apiny of the High Court given on 13th September 2021 intends to appeal against the whole of the decision,” reads part of the notice.
During the hearing of the petition, the Electoral Commission used non-service as a ground to seek dismissal of the petition saying that it would defeat the principles of justice if the case continued when the third respondent is not served.
In her judgment, Justice Apiny faulted Nyanzi for not using available remedies like seeking an extension of time to affect the service.
Nyanzi said that the court is setting a precedent dismissing petitions on grounds of lack of service.
Nsereko was declared the winner of the January polls with 16,998 votes. Nyanzi came second with 15,975 votes.
Other contestants included Harold Kaija of the Forum for Democratic Change (FDC) who polled 1,679 votes, Ronald Edward Ssenkubuge Mukasa of Alliance for National Transformation (ANT) with 1,653 votes, while Cedric Babu Ndilima of the National Resistance Movement (NRM) got 10,749 votes.