53.As can be gleaned from the record, specifically the proceedings of 6th
November 2013, Mr. Onsongo, learned Counsel for the Applicant, was
very brief in his rebuttal on this point. It was his main argument that the
complaint does not relate to the exact date and point of arrest and
detention.That the Applicant is basically arguing against an unlawful set of
activities and that the process which led to his incarceration and denial
of freedom of movement was unprocedural; and so the issue of limitation
of time cannot arise in the circumstances; and the objection should
therefore be overruled.
54.The 1st Respondent made no submissions on the preliminary objections
raised by Mr. Kaahwa.
Decision of the Court
55.We have carefully considered the rival submissions of the Parties in
support of their respective positions regarding the above issues. It is
common ground , as is evident from the affidavits in support of their
respective pleadings, that the acts complained of ( the arrest, detention and
alleged denial of freedom of movement of the Applicant) happened
between 28th July 2011 and 17th February, 2012 when he was released
(see paragraph 2 of Onesime Kabayabaya’s affidavit sworn on 30th August
22