KAMPALA — Lawyers representing city businessman Sudhir Ruparelia have filed an application in the High Court against Central Bank head of legal Margaret Kaggwa Kasule over refusing to be served court documents in connection with illegal liquidation of the assets of Crane Bank while in receivership by Bank of Uganda.
In an affidavit filed in court, Kampala Associated Advocates (KAA) said since filing their defence in the matter on October 7, 2021, Ms Kasule through the BoU lawyers of J.B. Byamugisha Advocates has refused to officially be served with the court documents and has not appended her signature to them.
Bank of Uganda recently filed an application for the review of the August 2021 ruling by the Supreme Court, which dismissed with costs an application by lawyers representing the Central Bank in which they sought to substitute the court record from Crane Bank Ltd (in receivership) to Crane Bank Ltd (in liquidation).
But now, William Mukasa, a lawyer from KAA in the affidavit dated October 16, says the BoU head of legal, Ms Kasule, has refused to be served Mr Ruparelia’s defence in the matter.
Mukasa says since the registrar of the Commercial Division of the High Court signed his clients’ statement of defence on October 7, 2021, he has struggled to serve Ms Kasule through lawyers of J.B. Byamugisha Advocates who represented Crane Bank in liquidation.
“That on numerous occasions, I have been to the chambers so as to pick my signed copies from Counsel Albert in vain and I have called the Secretary/Receptionist of the law firm of J B Byamugisha on her Phone number 0772857404, however she continued to inform me that the Counsel in personal conduct had not yet signed on my pleadings. She further informed me that Counsel was still waiting for instructions from his Client,” Mr Mukasa’s affidavit reads in part.
“That I swear this affidavit to prove that counsel for Crane Bank (in liquidation), the purported Plaintiff was served with Defendants’ written statement of defence and all the Annexures but refused to acknowledge receipt of the same,” he adds.
The application comes after KAA on October 12, 2021 wrote to the BoU head of legal, accusing her of defying lawful court rulings in connection with illegal liquidation of the assets of Crane Bank while in receivership by BoU.
According to Mr Ruparelia’s lawyers, Ms. Kasule has on many occasions tried to frustrate the implementation of court orders in connection with the liquidation of BoU.
“You are the brain that has been behind all this saga of illegally liquidating Crane Bank with the sole intention of depriving our client of the fruits of the orders of the Court of Appeal. Further by insisting to file a suit showing that Crane Bank is in Liquidation, which the Supreme Court has held that it can’t be done, your conduct is illegal, mala fide, and in contempt of orders of the Court of Appeal and the Supreme Court,” KAA lawyers state.