glaring abuse of court process since there are conventional means through which the applicants
can apply for the required information. Finally that the second respondent is not a proper party to
this application.
In his affidavit in opposition to the application, the Hon. Justice Steven Kavuma the Deputy
Chief Justice of Uganda averred that the supporting affidavit to this application has made false
allegations in paragraph 3 of Mr. Kiiza Eron’s affidavit. That he was appointed a Justice of
Appeal of the Court of Appeal on 29th October 2004 and served as such until March 2015 when
he was appointed the Deputy Chief Justice of Uganda after serving as acting Deputy Chief
Justice from 13th March 2013 to March 2015. That he applied to the Judicial Service Commission
for the position of Deputy Chief Justice of Uganda. He was duly interviewed and the president
was advised to appoint him which the president accepted and appointed him Deputy Chief
Justice. The third respondent further deponed that the first and second applicants have no suit
pending before this court against the respondents to require the use of the documents applied for
before this court. That Misc. Cause 2 of 2015 referred to in paragraph 3 of the application was
filed by the first and second applicants in the Supreme Court to which this court cannot
adjudicate. That the application is intended to scandalize the third respondent since there is no
necessity for the document asked for as there is no suit before this court for decisions that require
the documents.
The third respondent further deponed that this application is merely a fishing expedition by the
applicants because if their case in the Supreme Court Misc. Cause 2 of 2015 seeks to challenge
the procedure that led to his appointment they should have not filed it before getting the
necessary evidence. Finally that it is just and fair and in the interest of justice that this application
ought not to be granted as it was not brought in good faith, is untenable in law and an abuse of
court process and should be struck out.
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