Justice Paul Gadenya Wolimbwa has set April 24, 2019, to deliver his ruling 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 the businessman.
Last year Ruparelia, through his lawyer Joseph Kyazze, filed a suit demanding a permanent injunction be put on Sebalu and Lule Advocates, banning the law firm from appearing before the court as a representative for dfcu bank and the other court cases that Crane Management Services and dfcu are engaged in.
Crane Management Services also sued Dfcu bank demanding rental arrears amounting to Shs2.9 billion and US $385,728.54 in respect of tenancies of suit properties that were formally owned by Crane Bank Limited (CBL).
In his suit, Crane Management Services contend that when dfcu took over management of Crane Bank, it illegally took possession of the rental facilities from which the real estate company seeks to recover its arrears.
However, in defence, dfcu contracted the law firm of Sebalu, Lule and Advocates but Mr. Ruparelia says he contracted the same law firm in 2006 to draw and review tenancy agreements in respect of the said rental premises thus there is conflict between the lawyer and his client.
In December 2017, the Commercial disqualified Masembe and Mpanga from the Sh397 billion Sudhir Ruparelia’s case against Bank of Uganda (BoU), citing conflict of interest.
In his ruling delivered on December 21, 2017, Wangutusi stated that David Mpanga of A.F. Mpanga Advocates and Timothy Masembe of MMAKS Advocates acted in violation of the Advocates regulations.
Section 4 of the regulation says that an advocate shall not accept instructions from any person in respect of a contentious or non-contentious matter if the matter involves a former client and the advocate as a result of acting for the former client is aware of any facts which may be prejudicial to the client in that matter.
Some of the properties cited include; Crane Bank branches at plot 9 on Market Street, plot 1-13, Jinja Road, plot 47, Republic Road-Mbale, Speke Hotel (1996), Pot 19 Cooper Road (Crane Plaza), plot 20, Kampala Road –Crane Bank ATM.
