Former presidential contender Kyagulanyi Ssentamu Robert aka Bobi Wine is yet again in another dilemma of losing his party ownership as two of the NURP founders challenge him in the court of appeal.
Two men have appealed against the recent court ruling which allowed Robert Kyagulanyi a.k.a Bobi Wine to take over leadership of National Unity Platform (NUP) party.
Difas Basile and Hassan Twala on Friday filed a memorandum of appeal at the Court of Appeal against Justice Musa Ssekaana’s decision, disallowing deregistration of NUP party following its change of name and ownership.
The party, formerly known as National Unity Reconciliation and Development Party (NURP), is now headed by Kyagulanyi under the new name of the National Unity Platform .
The two filed the appeal against Kyagulanyi, NUP, Moses Nkonge Kibalama, Paul Ssimbwa Kagombe, David Lewis Rubongoya, Aisha Kabanda, Joel Ssenyonyi, Flavia Kalule Nabagabe, Fred Nyanzi Ssentamu, Electoral Commission and Attorney General.
In October 2020, Ssekaana dismissed the case on grounds that it was brought to court under known procedure and filed out of time of three months within which an application for judicial review should be filed in court.
The appellants, therefore, wants the trial judge’s decision be set aside and order for a retrial before a different judge. The appellants cited nine grounds Court of Appeal should base on to overturn Ssekaana’s ruling that was in favour of Kyagulanyi and team.
In their appeal, the appellants argue that the trial judge manifested bias and acted in a high-handed manner when he amended the pleadings by deleting Kibalama and Kagombe from the list of named respondents and adding them to the applicants.
“The act resulted in a gross miscarriage of justice because court had hijacked the suit and changed its characters,” the appellant’s lawyer, James Byamukama contends.
The appellants blame the trial judge for joining the respondents as applicants to the suit without any application, without giving them, the affected parties, an opportunity to amend pleadings, contrary to the well-known civil procedure rules.
As Kyagulanyi is in court battling to challenge President Museveni’s victory, a new frontline against him has been opened.