Uganda: Mukasa and Another v Attorney-General (2008) AHRLR 248 (UgHC 2008)
several CDs, diskettes and documents titled ‘Small Minority Uganda’.
[24.] The first applicant escaped, so he managed to take only the second applicant to Kireka
police post where he handed her to the OC, one Isone Rose, together with the CDs, diskettes
and documents in question. The following day, the applicants appeared at Kireka police post
demanding for them, and the OC handed over the CDs, diskettes and other documents to the
applicants in his presence. It is not true that he entered the first applicant’s house, humiliated,
sexually harassed and indecently assaulted the second applicant as alleged. It is also not true
that he made her to sit in his office as she alleged. He took her directly to Kireka police post and
not to his office as alleged.
[25.] By way of a rejoinder dated 11 June 2007, the second applicant described the contents of
Mr Lubega’s affidavit as untrue and put the respondent to strict proof thereof. She specifically
averred that there was no exchange of hot words with the LC1 Chairman at all but that she was
instead subdued after having been dragged by the waist to the police station under continual
harassment by the LC1 Chairman who referred to her as ‘this creature’ and the police did not at
anytime take over the role of mediator. The admission by the LC1 Chairman that the properties
were ‘police’ with the respondent by the LC Chairman and retained overnight confirms the
applicant’s charge of illegal retention of property, as no records were kept by the police.
[26.] The first applicant also filed a rejoinder on 21 June 2007 which I find argumentative and
therefore violates the law on affidavits. An affidavit is evidence, not arguments or submissions.
After expunging the argumentative parts, I can only say that she basically re-stated her case in
the rejoinder and attacked the respondent’s evidence as untrue, and also put the respondent to
stuck proof.
9 / 19
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