Otafiire appeals against sh200m suit
Oct 25, 2002
THE regional co-operation state minister, Col Kahinda Otafiire, has asked court to set aside a judgment in which he was ordered to pay over sh200m and allow him to defend himself.
By Hillary Nsambu
THE regional co-operation state minister, Col Kahinda Otafiire, has asked court to set aside a judgment in which he was ordered to pay over sh200m and allow him to defend himself.
Mumtaz Khassam, a Kampala advocate, obtained a judgment against Otafiire for non-payment of sh150m he allegedly borrowed from her.
The court registrar, on April 9, 2001, signed a decree ordering Otafiire to pay a total of sh258,574,000, including 10% interest.
On Wednesday, Makeera, of Makeera and Company Advocates, Otafiire’s lawyer, told the court that his client was not served with the hearing summons and that the process server forged his signature on the returns.
He said the affidavit by the process server did not reveal the particular place where he served the summons on Otafiire, because he simply mentioned Mbuya Hill, which is a vast area.
But Peter Walubiri, the lawyer for Mumtaz, opposed the application, saying Otafiire had failed to take steps against those he accuses of forging his signature.
He said the process server knew Otafiire well. The process server swore an affidavit.
Walubiri said if the court was inclined to grant him the chance to defend the suit, it should make it conditional that he (Otafiire) pays sh150m in court before the hearing commenced.
Justice Okumu-Wengi of the Commercial Court said he would give his ruling at a future date.
THE regional co-operation state minister, Col Kahinda Otafiire, has asked court to set aside a judgment in which he was ordered to pay over sh200m and allow him to defend himself.
Mumtaz Khassam, a Kampala advocate, obtained a judgment against Otafiire for non-payment of sh150m he allegedly borrowed from her.
The court registrar, on April 9, 2001, signed a decree ordering Otafiire to pay a total of sh258,574,000, including 10% interest.
On Wednesday, Makeera, of Makeera and Company Advocates, Otafiire’s lawyer, told the court that his client was not served with the hearing summons and that the process server forged his signature on the returns.
He said the affidavit by the process server did not reveal the particular place where he served the summons on Otafiire, because he simply mentioned Mbuya Hill, which is a vast area.
But Peter Walubiri, the lawyer for Mumtaz, opposed the application, saying Otafiire had failed to take steps against those he accuses of forging his signature.
He said the process server knew Otafiire well. The process server swore an affidavit.
Walubiri said if the court was inclined to grant him the chance to defend the suit, it should make it conditional that he (Otafiire) pays sh150m in court before the hearing commenced.
Justice Okumu-Wengi of the Commercial Court said he would give his ruling at a future date.