George Okello, the Resident High Court Judge of Gulu has issued a permanent injunction restraining and baring serial litigant Joseph Opiyo Otiiti from filing any other Court lawsuits against any judicial officer in Uganda.
In his ruling dated 12th September, 2023, Judge Okello stated that whereas his court appreciates the right of every person to access courts, as observed in a plethora of cases, the matter before him was a very exceptional case in which Opiyo should be barred from continuing his reckless suits against judicial officers simply because they have decided otherwise in cases where he is involved.
The shocking ruling resulted from an application filed by Opiyo against Vian Kwizera the Grade One Magistrate accusing him of violating his rights when he presided over a matter filed by Gulu Principle State Attorney Joseph Nyeko against him seeking a Court Order to subject Opiyo to mental examination.
Opiyo sued the Magistrate for allowing Nyeko’s application to have him subjected to medical examination to determine his mental status as Stated under Section 50 of the Mental Health Act 2018.
Opiyo also accused the magistrate of violating his right when he delayed the quick hearing of his application challenging the staying of his cases in court until he was subjected to mental examination and court furnished with the medical report.
He further accused him of refusing to give him the record of proceedings to help him challenge his ruling.
In his application, Opiyo was also seeking aggravated damages of Shs350, 000,000 for defamation and for calling him a person of unsound mind.
He further prayed that court recovers damages through attachment of 80% of the Magistrates’ salary and retirement benefits, until all his pending cases in court are concluded and finally executed.
He further prayed for security for himself and his family for 50 years due to fear that he will be murdered.
He prayed for the prosecution of the magistrate and other judicial officers who violated his human rights.
The magistrate opposed the application through her affidavit denying all the allegations and explaining that she observed the applicant’s rights during all the judicial hearings.
He added that none of the applicant’s rights were violated and he gave him all the records of the proceedings on the matter he presided over.
Nyeko’s application to subject Opiyo to medical examination resulted from the numerous lawsuits filed against judicial officers including one he filed against Justice Margaret Mutonyi because she had upheld preliminary objection raised in a suit lodged by Opiyo against the Actions Against Hunger and the judge was sued together with two law firms of M.S M. Oyet and Company Advocates, Mumtaz Kassam Kassam Mumtaz and Moses Oyet lawyers of Action Against Hunger.
The judge noted that it was wrong for Opiyo to sue judicial officers, lawyers and their law firms explaining that judicial officers and Advocates enjoyed immunity at common law for their conduct of litigation and that the action made against them by an unhappy litigant was barred.
The case was presided over by Justice Stephen Mubiru who dismissed it with costs for being barred by law.
Opiyo again instituted a lawsuit against Justice Mubiru for dismissing his case together with Justice Mutonyi who he accused of not posting the ruling she made against him on judiciary website.
He pleaded to the presiding judge Alex Mackay Ajiji that Justice Mutonyi be sentenced to death by hanging or beheading over her actions of not posting his ruling on the judiciary website, which was an act of war against the Republic of Uganda.
The presiding judge ordered in his ruling that due to compulsive behavior Opiyo exhibited in Court, the hearing of his numerous cases pending in court be stayed until a medical report is furnished as to his mental health status.
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