contradiction it was necessary to have the 3rd Applicant cross examined. Counsel for the
Applicants submitted relying on Col. (Rtd) Dr. Kizza Besigye vs Museveni Yoweri Kaguta &
Electoral Commission, Election Petition No. 01 of 2001 that while the Applicant’s affidavit
could be faulty those other paragraphs that were not found faulty be reserved by severing off
those which were contradictory leaving those that were not affected by the contradictions
complained of.
I do agree with this position but in this case the whole case depends on whether the 4 th
Respondent had authority.
Since almost the whole affidavit has its roots in the absence or presence of authority, there is
little if any that would survive the severance. For those reasons the failure of the deponent to
appear for cross examination can only lead to the striking out of the affidavit which I hereby do.
This leaves this Application by Notice of Motion without evidence to support it. That being the
case the Application is dismissed with costs.
Dated at Kampala this 17th day of September 2018
HON. JUSTICE DAVID WANGUTUSI
JUDGE.
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