Lango cultural leader's gets sh5m court fine

PIC: Eng. Dr Michael Odongo (centre) and his lawyer Alfred Okello Oryem (right) Col Tony Otoa after court.


LIRA - The High Court on Wednesday fined the Lango Paramount Chief, Yosam Odur Ebii and rejected his application to summon assistant registrar Rosemary Bareebe of the same court to testify in a case in which he dragged his rival Eng. Michael Odongo to court.

Through his lawyers, Bashasha and Co. Advocates, Odur, applied to be given permission to call Bareebe to clarify on interim order she issued on June 2, 2017 arising from civil suit No 19/2017.

Bareebe issued the interim order restraining Odongo and his agents from interfering with the leadership of Odur and that the status quo be maintained until the final determination of the main suit.

The Lango Cultural Foundation continued to operate and passed a constitution of 2017 and this was interpreted by Odongo, which was as disobedience of the interim order and Odur applied to court to hold the plaintiff (Odongo) in contempt.

It is against this background that the Paramount Chief applied that the registrar should be called to testify and clarified the interim order.

There has been conflict in the Lango cultural institution culminating into the election of Odongo as the new Paramount Chief, but the sitting chief took matters to court, seeking the intervention from court to block his installation.

When the case came up for hearing, it was found out that the institution known as Lango Cultural Foundation was illegal and defunct together with all the executives.

Supporters of the Paramount Chief in court Levi okodi. (Credit: Hudson Apunyo)

In his affidavit, Odongo stated that the application was brought in bad faith and should be dismissed with cost as it seeks for an order out of procedure and likely to cause a miscarriage of justice.

Odong stated that the Bareebe made clear terms in the interim order, which needed no clarification. 

In her ruling, Lady Justice Winifred Nabisinde said summoning Bareebe as a witness for one of the parties who will appear before her will be putting her judicial ethics to the test.

"My view is that setting such a precedent is against the rule of judicial conduct and cannot be encouraged by this court," Nabisinde ruled.

The judge said the application is not brought in good faith and is, indeed, misconceived. She then dismissed the application with cost of sh5m.
 
Hearing of the main suit will resume on April 11.