Commercial Court will begin hearing businessman Sudhir Ruparelia’s case in which he used lawyers Sebalu and Lule Advocates on April 3, 2018.
Sudhir accuses the law firm representing DFCU bank of conflict of interest.
Justice Gadenya postponed the case which was supposed to kick off tomorrow Wednesday.
Two judges who previously presided over the matter opted out.
“I had asked this case to be mentioned because it is my first time dealing with it. However, all I want now is to have the hearing plan for this application,” Justice Gadenya said.
Sudhir’s application was at first handled by judge Elizabeth Alividza before forwarding it to her colleague Justice Wangutusi.
The case has now been fixed for hearing on April 3 after all parties agreeing that they had no witnesses they intended to call in court.
However, Mr Peter Walubiri the lawyer of Sebalu and Lule Advocates asked court to allow him to file an affidavit in reply to Mr Ruparelia’s affidavit citing there were new issues brought up which do not pertain in the case. Court has granted him leave to file on March 21 before the hearing begins.
Background
Mr. Ruparelia, in his lawsuit filed in 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 defence counsel for dfcu bank in the other court case that the two principals are battling out.