KAMPALA – Justice David Wangutusi has pulled out of the case in which city tycoon Sudhir Ruparelia wants the new lawyers hired by Bank of Uganda declared conflicted, and therefore unfit to represent the central bank in the commercial dispute with him.
The case was first handled by Justice Elizabeth Jane Alividza who stepped aside thus forwarding it to Justice Wangutusi who has returned it back to her.
This new development has been communicated to all parties by Commercial Court registrar, Mr. Festo Nsenga who said that they should get a hearing date from Justice Alividza’s clerk since she is the one going to handle the case.
Mr. Ruparelia, in his lawsuit filed December last year pointed out that Sebalu and Lule Advocates should not be representing Bank of Uganda and dfcu Bank since it has already represented Crane Management Services that owned Crane Bank which was controversially sold to dfcu Bank in January 2017.
Crane Management Services sued dfcu bank demanding rental arrears amounting to Shs2.9b and $385,728.54 in respect of tenancies of suit properties that were formally owned by Crane Bank.
“In view of the advocate-client relationship between the applicant (Crane Management Services Ltd) and the 1st respondent (Sebalu & Lule advocates), the latter’s continued participation as defence counsel for the 2nd respondent (Dfcu bank) herein, which is the defendant in High Court Civil Suit (HCCS) No. 109/2018 against the applicant/plaintiff, is prejudicial to the applicant’s head suit,” the petition reads in part.
Mr. Rupareria also wants the court to issue a permanent injunction, restraining Sebalu & Lule Advocates from appearing as defense counsel for dfcu bank in the other court case that the two principals are battling out.