By Markson Omagor
TESO
The Soroti High Court ruling delivered on 10th March 2021 revising an earlier decision on the twisted Soroti City boundaries has been challenged in the Court of Appeal.
The intended appeal is being filed by Enyau Michael, Onanyang Robert, Erienju Stephen, and Ejelu Patrick.
The notice of Appeal filed on 15th March 2021, indicates that the Respondents in the Ariko petition are dissatisfied with the whole ruling and orders of his Lordship Hon. Justice Musalu Musene Wilson.
The appellants are yet to formulate the grounds of Appeal because they have not received the record of proceedings of court.
The notice of Appeal lodged in the Court of Appeal by Okurut, Okalebo, Outuke & CO. Advocates was delivered and received by the Assistant Registrar Court of Appeal on the same day 15th March 2021.
In a follow up letter, the intended Appellants through their lawyers have written to Soroti High Court demanding typed and certified copy of record of proceedings in both Civil Suit NO. 0029 of 2020 and Miscellenous Application NO. 03 of 2021.
The Appellants who say they are not satisfied with the whole ruling want the Court of Appeal to reverse the ruling and orders.
BACKGROUND
On 29th November 2020, Soroti High Court Judge Justice Wilson Musalu Musene in a miscellaneous Application filed by Enyau Michael, Onanyang Robert, Erienju Stephen, Ejelu Patrick and Omoding Brian against the electoral commission on the 18th September 2020 ruled that the two Wards of Aloet and Opiyai be taken to Soroti City West.
However after MP Ariko petition to the same court, Justice Musalu on 10th March 2021 reversed the earlier ruling
“The Court during the earlier application was fed with wrong information that forced the Court to decide mistakenly on the boundaries of Soroti.” Musalu ruled.
Justice Musalu in his ruling said that the earlier application did not have enough information compared to the application for review filed by MP Herbert Edmund Ariko.
The Judge said, having gathered enough evidence and also obtained the copy of the published Uganda Gazette that clearly indicated that the areas of Aloet and Opiyai are in the East he revised his earlier ruling.
The Uganda Gazette is the government owned publication that publishes all government gazettes, bylaws, laws and amendments before they are implemented.
The judge further in his revised ruling asked the Electoral Commission to follow the courts revised decision but didn’t order for fresh elections and also asked both parties to share costs.
