City Lord Mayor Erias Lukwago yesterday lost a power struggle inspired court case in which he had sued Kampala Capital City Authority Executive Director Jennifer Musisi, bringing the 10-month legal battle to an end.

 

The trial judge, Mr Eldad Mwangusya, in a ruling read by the registrar of the court, Mr Eudes Keiterima, said Mr Lukwago should have first sought alternative remedies with the Authority before running to court. “I have started with this observation because in my view, this is one of those cases where instead of seeking judicial review, the parties should have sought alternative procedures,” ruled the judge. He added: “A council with legislative powers like this one can handle all these issues and to me, it does not warrant hearing before alternative remedies are sought.”

The judge who echoed the observation of another judge Yorokamu Bamwine as he then was, said: “It has become increasingly fashionable these days to seek judicial review where alternative procedures are more convenient. This trend must be checked.”

Damages

Court also ordered the Lord Mayor to foot all the bills of costs in which Ms Musisi incurred in pursuing the case. “In the circumstances, this application is dismissed with costs to the respondent (Ms Musisi), Judge Mwangusya ruled.

Mr Lukwago and Ms Musisi were represented by their respective lawyers in court. Speaking moments after the ruling, Ms Clare Rukundo, one of the lawyers representing Ms Musisi, said her client will continue doing what she has been doing to develop the city. “This ruling can confirm with what she (Ms Musisi) was doing to focus on her role of transforming Kampala.” Ms Rukundo said.