The concourt has directed the high court that nullified the parliamentary seat for Nkandu Luo to view the video evidence which is in dispute and determine whether it was the one which was submitted before it when the petition was first heard.
Justice Enock Mulembe sitting with Justices Annie Sitali and Mulenga Mungeni told the parties that the court can not dismiss the petition entirely without taking into consideration the circumstances that surround the missing videos evidence.
According to Mulembe, since the issue in dispute is centered on the missing evidence it was of Paramount importance for the parties in the presence of the trial court to determine whether or not the video apparently presented during the appeal is the one that was presented during the original case heard in the high court.
He said the lower court should make its findings to the Concourt by or before 29th March,2018
Its from there that the constitutional Court will make a final decision on whether or not to dismiss the appeal or to uphold the earlier decision.
The respondent,Doreen Mwamba had applied that the court dismisses the appeal by Nkandu Luo as the records of appeal was both defective and incomplete.
She also contended that the Concourt has no jurisdiction to review it’s own ruling of 5th July 2017 in which it directed that the video be viewed by both parties and in an event of a disagreement,the trial court to view and ascertain its authenticity.
But on 18th July,2017,the concourt ruled that it will go ahead to hear the matter even when there was no agreement on the video by both parties as well as the lack of a report from the trial court.
The respondent however argued that the Concourt lacks jurisdiction to review it’s own decision of July 5th 2017 and cannot therefore go ahead to determine the appeal in the absence of the video evidence.
She therefore applied that the matter be dismissed on grounds that the appeal is defective and incomplete.
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