1. BETTY ATUHAIRE BWESHARIRE]
2. NABOTH ATAMBA] ……………………..………………. RESPONDENT
BEFORE: THE HON. MR. JUSTICE P. K. MUGAMBA
Counsel for the respondents, Mr. Ngaruye
, raised preliminary objections to the application which Mr. Bwengye
, counsel for the applicants was sent to prosecute. A summary of these objections should serve for perspective.
1. That the affidavits of Kamujanduzi
, one sworn on 24th
November 2004 and the other sworn on 31st
January 2005 contradicted each other in factual content and should be struck out because they are false
. Similarly the affidavit of Ahimbisibwe
sworn on 31st
January 2005 factually varied from that of the applicant and because there was a manifest falsehood the affidavits should be struck out.
2. That the affidavit of Ahimbisibwe
David dated 31st
January 2005 should be struck out also because Ahimbisibwe
lacked capacity to swear the affidavit, being neither a holder of powers of attorney, a person duly authorized or an Advocate for the applicant.
3. That the two affidavits of the applicant sworn on 31st
January 2005 and that of Ahimbisibwe
sworn the same day were supplementary affidavits filed after the respondents had filed their replies and as such the affidavits and what annextures
they carried should be struck out because they were filed without leave of court.
4. That prayer 6 of the application sought return of cattle and restoration of property worth Shs
. 30,000,000/= but because appropriate fees was not paid the application was thereby rendered incompetent.
5. That the applicant has no cause of action in the application given that the second prayer being sought regards a warrant which is annexture
G to the applicant’s affidavit and the parties mentioned in the warrant are Beatrice Bwesharire
and Amos Kamujanduzi
It is premature to speak of obvious falsehoods whatever the contradictions in the first point of objection might be. In the cases of Jetha Brothers vs Mbarara