Soroti High Court bins Abala’s 25 affidavits
By Robert Edwomu
Through their lead counsel Alfred Okello Oryem of Okello-Oryem and Company Advocates, the 25 affidavits filed do not pass the test of the law therefore should be quashed away from the petition.
Okello said Monday that the affidavits contained anomalies such as witnesses not specifying whether they are males or females.
Witnesses not attaching photocopies of their national identities to their affidavits was one reason wanted for the case to be thrown.
Witnesses also claimed that they are illiterate and that they do not know how to read and write and yet they signed documents written in English without a certifying document from the commissioner of oath to ascertain their claims.
Delivering the verdict Tuesday, Lady Justice Jane Kajuga stated that having listened to the presentations from both lawyers and critically looking at the affidavits, Court found the followings:
On the issue of illiteracy, Court found the deponents were able to read and write and understand English therefore the documents presented to Court tells lies.
Use of the term ”he or she” to determine the sex strengthened Court’s finding that the deponents did not appear before the commissioner of oath.
On signatures, the Court found out that the signatures appearing on declarations forms and affidavits were different.
Basing on those among others, Lady Justice Jane Kajuga Okuo, the presiding Judge then granted the defense lawyer’s plea to bin the 26 affidavits.
The verdict was delivered in the presence of David Abala’s lawyers Medard Ssegona and Philip Opio and Alfred Okello Oryem and colleagues.
The applicant Abala and the respondent Achayo were all present in Court.