Lawyers reject Choudry ruling
Sep 03, 2009
LAWYERS representing Tropical Bank and Fred Muwema, the receiver manager of Lweza Clays, yesterday protested a ruling by Justice Anup Singh Choudry, arguing the court had never heard their case.
By Hillary Nsambu
LAWYERS representing Tropical Bank and Fred Muwema, the receiver manager of Lweza Clays, yesterday protested a ruling by Justice Anup Singh Choudry, arguing the court had never heard their case.
Lweza Clays is disputing the appointment of receiver managers by Tropical Bank, saying they were improperly appointed. The company owes the bank over sh2.5b.
Justice Choudry, who was recently transferred to the War Crimes Division of the High Court from the Commercial Court, had delegated Gladys Nakibuule-Kisekka, the deputy registrar, to deliver the judgement on his behalf.
But when Ruth Naisamula, the court clerk called for the file, Muwema and the bank lawyers, Timothy Masembe Kanyerezi and Kiggundu-Mugerwa, objected to the ruling.
They said the parties had not made submissions in the case. “No ruling notice had been served to Tropical Bank or the receiver. Instead, the court served them with a hearing notice for today (Thursday),†Kanyerezi said.
He argued that they did not receive a letter of August 31 that bore Choudry’s signature and addressed to Justice Stella Arach (head of the Commercial Division), summoning them for the ruling.
Kanyerezi alleged that the judge had selectively served some parties with notice of the ruling by “a private†letter.
He argued that the judge had not followed the proper procedure through the deputy registrar of the courts when summoning them.
The Lweza Clays lawyers Chris Bwanika and Justin Semuyaba, however, said they were ready to receive the ruling.
This caused a heated argument, which prompted the registrar to consult over the case.
He then postponed delivery of the ruling to Monday when all the parties would have been served with notice.
Outside the court, Muwema said following the transfer of Choudry to the War Crimes Division, he applied to the Commercial Court on August 12 to re-allocate the case to another judge.
He said the file was allocated to Justice Lameck Mukasa, who summoned them for hearing of the case yesterday.
LAWYERS representing Tropical Bank and Fred Muwema, the receiver manager of Lweza Clays, yesterday protested a ruling by Justice Anup Singh Choudry, arguing the court had never heard their case.
Lweza Clays is disputing the appointment of receiver managers by Tropical Bank, saying they were improperly appointed. The company owes the bank over sh2.5b.
Justice Choudry, who was recently transferred to the War Crimes Division of the High Court from the Commercial Court, had delegated Gladys Nakibuule-Kisekka, the deputy registrar, to deliver the judgement on his behalf.
But when Ruth Naisamula, the court clerk called for the file, Muwema and the bank lawyers, Timothy Masembe Kanyerezi and Kiggundu-Mugerwa, objected to the ruling.
They said the parties had not made submissions in the case. “No ruling notice had been served to Tropical Bank or the receiver. Instead, the court served them with a hearing notice for today (Thursday),†Kanyerezi said.
He argued that they did not receive a letter of August 31 that bore Choudry’s signature and addressed to Justice Stella Arach (head of the Commercial Division), summoning them for the ruling.
Kanyerezi alleged that the judge had selectively served some parties with notice of the ruling by “a private†letter.
He argued that the judge had not followed the proper procedure through the deputy registrar of the courts when summoning them.
The Lweza Clays lawyers Chris Bwanika and Justin Semuyaba, however, said they were ready to receive the ruling.
This caused a heated argument, which prompted the registrar to consult over the case.
He then postponed delivery of the ruling to Monday when all the parties would have been served with notice.
Outside the court, Muwema said following the transfer of Choudry to the War Crimes Division, he applied to the Commercial Court on August 12 to re-allocate the case to another judge.
He said the file was allocated to Justice Lameck Mukasa, who summoned them for hearing of the case yesterday.