BY MELVILLE TITIULU
High Court has thrown out the Kadere party’s attempt to be a defendant in the case with the Opposition coalition, describing the party’s action as an abuse of process.
Chief Justice Sir Albert Palmer, at the High Court Courtroom 1, on Saturday, dismissed the application by the Kadere Party to join as a defendant in the ongoing judicial review case filed by the opposition coalition, ruling that the matter was “misconceived” and amounted to an abuse of process.
The application, filed by the applicant’s lawyer Barnabus Upwe, sought to add the party as a defendant on the legal basis that two former members of their party had allegedly resigned in breach of the party’s constitution, the Political Parties Integrity Act, and the GNUT Coalition Agreement.
In his ruling, Sir Albert Palmer made clear that the Court was not tasked to resolve internal party disputes or coalition agreements.
“This Court is not called upon to adjudicate membership disputes within a political party, compliance with party constitutions, or alleged breaches of coalition agreements,” he said.
The Chief Justice further noted that even if the allegations were true, they did not affect the constitutional questions at the heart of the judicial review.
He concluded that the Court could fairly determine the case without Kadere Party’s involvement.
Calling the application “without legal foundation” and “an improper attempt to expand the scope of proceedings,” the Chief Justice dismissed it outright and ordered costs on an indemnity basis to be paid to the claimants.
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