Kampala Lord Mayor Erias Lukwago and Lawyer representing Traders from Qualicell bus Terminal , Nabukeera plaza and Jamboree Arcades have withdrawn the case in which his clients wanted an independent account from Businessmen Francis Drake Lubega, Mansur Matovu and Late Charles Muhangi’s Company-Horizon coaches, on which to deposit their rent dues.
This after he and his clients refused to accept the explanation of Presiding High court Judge Andrew Bashaija concerning the earlier management of this case, as well as the ruling in which they wanted to ammend thier application.
Justice Bashaija allowed the withdrawal of the matter but ordered the Traders to pay costs to Drake Lubega, Mansur Matovu and Horizon Coaches for wasting their time, expenses and resources.
The traders claim they have taken a decision to withdraw their case and take it to the Land Division of the High Court because of mysteries surrounding the allocation of their case file to Justice Bashaijja for hearing.
The traders, through their lawyer Elias Lukwago, contend that their case had been originally allocated to Justice Musa Sekaana who even fixed it for hearing on Monday, April 8, 2019, but they were shocked how the case file moved to Justice Bashaijja.
However, the judge had earlier explained to the traders how the file got to his chambers.
“This file was first allocated to Justice Sekaana but he is out of the country and due to its urgency the registrar asked me to handle it although I was going to start my leave,” Justice Bashaijja explained.
It’s against this background that Mr. Lukwago decided to withdraw the case before Justice Bashaijja and take it to Justice Rugardya Nkonge who will hear it on April 16 next week.
However, Justice Bashaijja ordered that the traders pay costs to Mr. Lubega and Mr. Matovu because the case had been partly heard.
“In compliance to the letter dated April 11, 2019, and in compliance with order 25 sub-rule 1, the withdraw was supposed to be done with leave of court because it had partly been heard. Withdraw shall be granted by leave of court and shall be done with costs,” the judge ruled.
Justice Bashaijja had also on Tuesday this week ordered the traders to pay costs to the two after he dismissed their application to appeal on his ruling before the Court of Appeal.
