THE Court of Appeal has dismissed the ground of objection raised by the prosecution to challenge the application by businessman James Rugemalira, who is seeking for, among others, bail pending trial of the 350bn/- economic case he is facing.
Justices Bernard Luanda, Batuel Mmilla and Gerald Ndika ruled in favour of the businessman after observing that the ground of objection by the prosecution was “devoid of merit (for lacking) necessary particulars to enable the court and the other party to grasp its nature and scope.
” In the ground of objection, the prosecution, led by Principal State Attorneys Zainab Mango, Peter Maugo and Tumaini Kweka as well as State Attorney Elizabeth Mkunda had forcefully submitted that the application by the businessman before the Court was incurably defective for not complying with the law.
They elaborated that that the application was incompetent for non-citation of proper provisions of law, it was “omnibus” as the businessman failed to properly move the court to determine the application and that he cited irrelevant provisions that could not confer the court with powers to entertain the matter.
In their ruling, however, the justices agreed with submissions presented by the businessman that the point of objection raised was not clear and that the prosecution had not stated the proper provision of law which Rugemalira, who defended himself ought to have cited to support the application.
“It should be remembered that a notice of objection is always intended to let the adversary party know the point of law raised so that when it comes up for hearing he should be aware in advance what the nature of the point raised is all about and (to) enable him prepare himself for a reply,” they said.