BY NELLY NELSONS OTTO
TRUE to her words, Agnes Kadama the female councilor representing Jinja West to the Jinja City Council has taken her legal battle with her Jinja West counterpart Richard Mbazira to another level.
Kadama, who subscribes to the opposition FDC a couple of months ago dragged her colleague-turned foe, NRM’s Richard Mbazira to the Jinja Court where the Grade One Magistrate Yafesi Ochieng.
“…that the learned trial magistrate erred in law and fact when he failed to properly evaluate the evidence on record by disregarding the appellant’s evidence of assault and injury suffered by the appellant and thus arriving at a wrong decision…”reads part of the Memorandum of Appeal.
The appeal also states that Ochieng erred in law and fact when he failed to adjudicate the merits of the suit and dismissed the same on political considerations and thus occasioning a miscarriage of justice.
In the Civil Appeal Number 70 of 2023,arising from Jinja Chief Magistrate’s Court Civil Suit Number 111of 2023,the Acting Assistant Registrar Christa Namutebi has, accordingly, asked the Jinja Chief Magistrate to forward the certified record of proceedings.
“…you are therefore requested to forward the certified Record of proceedings of your Court and the Original case file for purposes of hearing the appeal…” reads part of Namutebi’s two-paragraphed letter that was received on 15 August,2023.
Without wasting time because, “justice delayed is justice denied”, a phrase often used to emphasize the importance of timely and efficient delivery of justice, the Chief Magistrate Anguria Sheila Fionah acted on the same day and forwarded the documents in question.
Background.
This stemmed from an alleged altercation between the two very talkative and argumentative councilors during a council meeting about a year ago when councilors, on invitation by the Speaker Bernard Mbayo to officially receive the then new Town Clerk Edward Lwanga.
Kadama alleges Mbazira assaulted and insulted the modesty of a woman and that the act led to serious health complications including bleeding from her ‘Kandahar’ zone.
She also complained that Mbazira’s alleged action embarrassed her as a married woman and a public figure and that her rights as a woman were grossly violated by the NRM-sponsored councilor.
In the civil suit No. 111 of 2022, the rapidly-talking Kadama asked for special and general damages arising from the alleged assault which insulted the modesty of a woman plus costs of the suit.
She was represented by Counsel Faisal Kirema and Isaac Turimubona from M/S Wasswa P.Silas and Co Advocates.
Kadama also complained that Mbazira’s action embarrassed her as a married woman, public figure and that her rights as a woman were violated.
Unlike in football where two competing teams can get a draw and share the spoils, matters of court are different and on Friday 14 July, 2023,Court dismissed Kadama’s case with costs, because the trial magistrate did not find any implicating evidence against Mbazira.
“…the nature of this case appears malicious and not brought in good faith. It is apparent that the plaintiff (Kadama) has a lot of political differences with other members at the council…” Magistrate Ochieng observed.
In the 12 page ruling, the magistrate says in the first place, the case was not necessary but that Kadama was trying to use the court to seek financial benefits instead of solving her political misunderstanding at the Council.
“…I find the plaintiff a candidate of paying costs to pass a message to the rest of the members that politics is done at council but not in court…in the final result, this suit has no merit and the same is hereby dismissed with costs to the defendant…”,Ochieng concluded.
Now it’s back to square one and interestingly combative politicians as they are, both Kadama and Mbazira are beaming with optimism that they will emerge victorious over the matter.
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