Nyanzi has lost a bid to block payment of Shs38m to Nsereko after Court dismissed his case with costs.
On April 21, 2021 Mengo Chief Magistrates Court had ordered Nyanzi to pay Muhammad Nsereko legal costs amounting to Shs38m after losing an election petition against him.
According to Judge Musa Ssekana, Mr. Nyanzi filed his appeal out of time and without seeking leave of court to do so.
“The omnibus application seems to be seeking to extend the time and also hear the application by re-taxing the bill of costs downwards. This is irregular and wrong to file an application/appeal out of time and later seek to validate the same,” the judge ruled.
“A party should only come to court after the time has been extended by the court and not the other way round. The law does not allow you to file an appeal out of time and later you seek to have the appeal validated,” he added.
Reports indicate that Nyanzi had instructed his lawyers M/s Jingo, Ssempijja & Co Advocates together with M/s Baingana & Co Advocates to file an appeal but the said lawyers neglected to do so within the required time.
“The applicant’s counsel ought to have filed an application for extension of time promptly since she was aware that time had lapsed, but instead she opted to write a letter seeking a certified ruling which was not necessary at the moment. It is not a requirement to file a certified ruling before the application for extension of time is filed,” Justice Ssekaana ruled.
“The applicant has failed to show how the two advocates of separate law firms who were purportedly instructed became negligent and the manner of instructions to the said law firms,” he added.
The court reasoned that it is not enough to merely allege that you instructed the lawyers and they failed in their professional obligation through negligence.
“An Advocate who is duly instructed and becomes negligent in execution of his duties should be reported to the Disciplinary Committee of the Law Council instead of coming to lament about the negligence of counsel in court for sympathy,” Justice Ssekaana ruled.
The court further ruled that Mr Nyanzi did not present any sufficient cause for failure to lodge an appeal in time nor did he avail court material facts that failed him and yet he cites the lockdown.
Mr Nyanzi had sought for a vote recount on grounds that the alleged electoral malpractices were orchestrated by Mr Nsereko and EC and that the same had cost him the seat.
However, on January 28, presiding Chief Magistrate, Esther Nansambu dismissed with costs Mr Nyanzi’s application for a vote recount citing that his evidence to cause a vote recount was based on hearsay, which was not admissible in court.
