Property mogul Dr. Sudhir Ruparelia has dragged the Central Bank to Court afresh.
In conjunction with Meera Investment, Sudhir wants court to dismiss an earlier application filed by Bank of Uganda against him.
Through his legal representatives, Kampala Associated Advocates, Mr. Sudhir told court that BoU used an expunged process and wrong facts.
The new application was lodged on April 30.
For instance, Bank of Uganda sought to take on Sudhir as a sole shareholder of Crane Bank Ltd when records show that he run the bank alongside other shareholders including Mr. Rasik Kantaria, a Kenyan national and Mr. Jitendera Sanghani a British citizen, whose shareholding constituted a majority 51 percent.
“…I have been advised by…lawyers, which I advise I verily believe to be true, that the respondent has no legal capacity to sue applicants,” reads part of the application.
He also wants recovery, transfer and return of freehold property from CBL in receivership.
“…I have been advised by lawyers, Kampala Associated Advocates, which advice I verily believe to be true, that under the Constitution and the Land Act, the Respondent cannot own and hold freehold property and is therefore, not capable of holding the suit property in its names,” adds the application.
Mr. Sudhir also in the application argues that he was sued as a sole shareholder of CBL, which is not true and that the respondent has no powers to commence against CBL shareholders or Sudhir himself.
“The orders sought against the 2nd applicant in HCCS 493 of 2017 are barred by law. The respondent cannot maintain an action against the 2nd applicant for recovery, transfer and return of freehold property when the respondent is a non-citizen within the meaning of the law” reads the suit.
In the application Sudhir wants CBL in receivership to pay National Social Security Fund (NSSF) the statutory debts. CBL in receivership was in the hands of BoU between October 20, 2016 and January 25, 2017 before its assets were controversially transferred to Dfcu bank by BoU.
“The claim by National Social Security Fund could only be made against the respondent,” the application states.
The application was lodged on April 30, 2019 and court has set July 3, 2019 as date to decide whether the plaintiff has no locus standi to commence actions against the applicant in High Court Civil Suit (HCCS) No 493 of 2017 against the applicants.
Court also will rule whether the plaint does not disclose the cause of action against the applicant and determine whether orders against second applicant (Meera Investments) are barred by the law but court will also determine whether the suit will be dismissed with costs as desired by applicants.
