Yekoyakimu v Attorney General (Civil Appeal 2 of 1993) [1994] UGSC 41 (13 September 1994)
Full Case Text
## IN THE SUPREI1E COURT OF UGANDA
## AT MXNGO
CIVIL APPEAL NO. 2 OF 1993
## BETWEEN
YEKOYAKIMU MWIMA HYABENE APPELLANT
/
o
o
VERSUS
THE ATTORNEY GENERAL RESPONDENT
## RULING OF THE COURT
When the appeal came up for hearing the appellant who appears ln person raised an objectlon agalnst Justlce Tsekooko sltting on the panel on grounds that he had previously had deallng wlth hlm ln Mbale which led hlm to behave that they were not on good terms. He therefore feared Justice Tsekooko ntght not be lnpartlal ln hearlng hls appeal.
Thls ls the second tlne the appellant has objected to a Judge of Ehis court sLttLng ln his appeal, He prevlously objected to the Deputy Chlef Justlce but we overruled his objectlon.
We are not satlsfled that Justice Tsekooko cannot hear thls appeal inpartlally. But in the lnterest of expedltlng the completlon of thls appeal, we are prepared to acconodate the appellant and have the appeal determlned by a panel excludlng Justlce Tsekooko. Thls ls belng alloved on condltion that wrltten subrnlssions be nade which shall be placed before <sup>a</sup> panel of Judges conslstln8 of Justlce oder, Justlce Platt and nyself. Both partles have agreed to this method of proceedlngs in thls appeal,
Accordlngly, by consent of the parties, lt ls ordered that the appellant flles Lrrltten subnlsslons wlthin three weeks from today and the reapondent wlthin seven days fron the date of servlce of the appellantrs subulsslons. Thereafter the JudgDent u111 be glven on notlce.
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Dated at Mengo thls 13th day of Septenber 1994
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**Balling B**
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B. J. ODOKI<br>JUSTICE OF SUPREME COURT
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JUSTICE OF SUPREME COURT
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JUSTICE OF SUPREME COURT