the Court of Appeal Judges appointed to hear Court of Appeal Civil Appeal No . 266
of 2008 recused themselves and removed the urgency status of the matter. At the
time of submitting tµe present Complaint to the Commission, Court of Appeal
Civil Appeal No. 266 of 2008 had not been listed for any hearing thereby resulting
in more of the reliefs he sought being rendered nugatory with the passage of
time. He feels short-changed.
13.
On the other hand, Court of Appeal Civil Application No. NAI 260 of 2007 (UR 160
of 2007) (application for leave to appeal), came up for hearing on 23 February
2012, 4 years 4 months after it was lodged with the Court of Appeal on 23 October
2007. Following that hearing, on 20 April 2012 the Court of Appeal dismissed the
application thereby refusing permission to appeal. The Complainant states that
the Court of Appeal's decision also effectively dismissed'some of the grounds of
appeal in Court of Appeal Civil Appeal No. 266 of 2008 and further prejudiced Civil
Application No. NAT 260 of 2007 (U~ l60of 200?) and Civil Application No. NAT 320
of2007 (UR 220 of2007 which were 5.till pending,_ on 20 April 2012.
14.
The Complainant appealed as of rightto th~,,Supreme Court against the ruling
of the Court of Appeal of 20 April 2012. The appeal was registered as Supreme
Court Petition No 2 of 2012. He framed his appeal to the Supreme Court as a
constitutional petition. In the appeal, ,he challenged the Court of Appeal's
decision as a violation of various provisions of the Constitution guaranteeing his
fundamental l;niJTian rights, including fair trial. The Respondents to the appeal
then included theJawyer from private practice who had previously purported
to represent Parliament (which wa,s not a respondent then), and Parliament as
an institution. The lawyer in ques'.fro,n and Parliament respectively became the
5th and 6th respohdents to the appeal before the Supreme Court.
15.
The respondents to the constitutional petition raised yet another set of
preliminary objections to the effect that the Supreme Court has no jurisdiction to
hear the appeal as the Complainant had not sought leave of the Court of Appeal.
On 4 September 2012 the Supreme Court, constituted of two judges, upheld the
preliminary objection and dismissed Supreme Court Petition No 2 of 2012 because
it lacked jurisdiction. The Complainant states that the Supreme Court bench of
two judges was not quorate in terms of domestic law when it dismissed Petition
No 2 of 2012. He also avers that one of the two judges was a former member of
the 9th Parliament which was a Respondent and therefore she sat as judge in her
. . . .
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16.
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