By Watchdog reporter
Businessman Sudhir Ruparelia through his lawyers Kampala Associated Advocates (KAA) has tasked High Court of Commercial Division to remove Bank of Uganda lawyers AF Mpanga Advocates and MMAKS Advocates from the legal battle between him and the Central Bank due to conflict of interest.
Early this year, BoU with the help of the lawyers in question dragged Sudhir and his Meera Investment Limited to Court accusing them of siphoning shs400 billion from the now defunct Crane Bank.
However, Sudhir alleges that the Price WaterhouseCoopers (PWC) document being used as evidence against him was based on the independent legal analysis and advice given by AF Mpanga Advocates yet the lawyers had been his counsels for a long time.
In the PWC document, AF Mpanga Advocates alleged that Sudhir extracted USD 9.2 million dollars through Technology Associates (TA) which allegations Sudhir says are false.
According to the businessman, AF Mpanga Advocates led by David Mpanga is a necessary, material, competent and compellable witness to speak to the veracity of the contested PWC document.
On the other hand, Sudhir states that MMAKS were Crane Bank’s lawyers until the date of its take over by BoU on 20 October,2016 and during the management and conduct of the bank affairs, the executive directors consulted and wholly relied upon the advice of MMAKS Advocates.
He also points out that AF Mpanga and MMAKS Advocates shall be required as witnesses to tender in the implementation Agreement and also testify on matters relating to its negotiation, execution, implementation and breach as its effect on the Confidential Settlement and Release Agreement (CSRA) where both parties had agreed to solve the matters outside court.
“That I have been advised by my lawyers , Kampala Associated Advocates , which advice I believe to e true, that AF Mpanga and MMAKS Advocates shall be required as witnesses to tender in the implementation Agreement and or/ testify on matters relating to its negotiation , execution, implementation and breach, as well as its effect o the CSRA,” affidavit filed by KAA reads adding that AF Mpanga and MMAKS Advocates cannot appear as counsels in a matter which they have potential to be witnesses and are conflicted , and that they cannot appear against former and current clients, or in matters where they will be in breach of their fiduciary relationship.
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