Arusha. A petition to stop the impeachment of the East African Legislative Assembly (Eala) Speaker Margaret Zziwa has finally been withdrawn.The applicants, Mbidde Foundation Limited of Uganda and Ms Zziwa, applied for the withdrawal and discontinuance of the case on grounds that it has been overtaken by events.
The withdrawal was sealed during the sitting of the East African Court of Justice (EACJ) First Instance Division session which was to proceed with the case in Arusha, Tanzania last Friday.The applicants had earlier sought a legal redress from the regional Court to restrain Eala from handling a Motion for the removal of Ms Zziwa from office on grounds that the Assembly does not have rules of procedure to handle the motion.
Null and voidHowever, the Mbidde Foundation and Ms Zziwa last week applied for withdrawal and discontinuance of the suit on the grounds that it had already been overtaken by events.
The two applicants were represented by Dr. Charles Kallu Kalumiya of Kampala Associated Aocates, Fred Mukasa Mbidde, an Eala MP from Uganda,Justine Semuyaba and John Jet Tumwebaze.Wilbert Kaahwa, Counsel for the East African Community secretary general and another EAC lawyer Stephen Agaba did not oppose the Application as were senior counsels representing the Attorney General of Uganda.
They argued that following the ruling in the interlocutory applications any further pursuit of the litigation would be inconsequential.Counsel for the Respondents, however, applied for costs, arguing that the filing of the references was ill-aised in the first instance.One of the arguments which are considered to have lacked merit in the suit include the Applicants’ pleadings that the House (Eala) does not have a Rule of Procedures to handle the case.
SOURCE: Daily Monitor