The case in which Deputy Chief Justice Steven Kavuma is accused of convening court sessions without notifying both parties on Monday flopped after Deputy Registrar of the Court of Appeal, Deo Ninzeyimana failed to appear.
Court had summoned Mr Ninzeyimana to appear for cross examination on his affidavit defending a case against Justice Kavuma.
Mr Ninzeyimana filed an affidavit asking the court to dismiss the case (against the Deputy Chief Justice) stating that the application for judicial review is bad in law in that it offends the Constitution.
Businessman Wilfred Bugingo petitioned court accusing Justice Kavuma is accused of convening court sessions without notifying both parties to deny litigants a right to be heard.
High Court Judge Lydia Mugambe issued fresh summons against Mr Ninzeyimana as it emerged that the case Court of Appeal issued a hearing notice for the application for temporary stay of the implementation of a High Court order requiring Mr Jagwe to pay more than Shs5 billion to his counterpart Bugingo.
Justice Mugambe also advised Justice Kavuma and Mr Bugingo through their lawyers to discuss with a view of amicably resolving the dispute.
“In light of the developments in the Court of Appeal, I advise the parties and counsel to have a meaningful discussion but in case of failure, the deponent should appear here (in court) because it is a directive,” the judge ruled before adjourning the case to April 5 this year for hearing.
The notice signed by Mr Ninzeyimana on February 9 indicates that the hearing of the appeal and other applications related to the case has been fixed for April 27 this year.
“If no appearance is made on your behalf or someone by law authorized to act for you, the matter will be heard in your absence,” reads the notice served to the lawyers while appearing before the High Court.
Mr Enos Tumusiime representing Justice Kavuma told court that hearing of the case will amount to abuse of court process.
But Mr Allan Peter Musoke who represents Mr Bugingo insisted that court determines the case on its merit as from the date of its filing.
He explained that the hearing notices served onto them were only meant for a single issue without addressing the entire grievance presented in the complaint.
Bugingo alleges that Justice Kavuma fixed and entertained a case in which he is a party without notifying him, contrary to the rules of procedures.
Bugingo is a party to a case filed by his opponent Willy Jagwe in the Court of Appeal.
Bugingo is a party to a case filed by his opponent Willy Jagwe.
He contends that between May 30 and November 2, 2016, Justice Kavuma convened several court sessions and issued dubious orders against him without a viable application filed in court.
“In all those hearings whose notification I am not aware of, and where I was not heard, the respondent (Kavuma) has continued to make orders against my rights. In making and issuing the order on November 2, 2016, the respondent acted with impunity when he convened court without notifying me, and purported to extend an order that had not yet lapsed,” reads part of Mr Bugingo’s affidavit.
According to court documents, in a bid to block the court order Mr Jagwe moved to the Execution Division of the High Court but before the matter was determined, he rushed to the Court of Appeal and applied for interim orders to halt implementation of the judgment until further notice.