In the case filed before the Civil Division of the High Court, city lawyers; Nelson Walusimbi and Andrew Wambi sued the lawyers’ umbrella body jointly with International Centre for Arbitration and Mediation in Kampala (ICAMEK).
The duo states that on July 26, 2018, ICAMEK a company limited by guarantee was incorporated by the Uganda Registration of Services Bureau and registered under registration number 80020001146801.
The complainants through their lawyers Godfrey S. Lule & Co Advocates and Walusimbi & Co Advocates allege that ULS’ subscription and or formation of a company limited by guarantee is illegal and that notwithstanding the use its seal in any of the activities of the company to which it is not bound by any incidental transactions or deeds.
It is alleged that the objects of ICAMEK as they relate to the administration and dispensation of justice by a private company are unconstitutional and thereby illegal.
The complainants alleged that by subscribing as a member to ICAMEK, the ULS is modifying its statutory mandate to circumvent the limits imposed on it by statute and to aid private profit initiatives against the general public of Uganda.
The lawyers now court to declare that the ULS acted outside its statutory mandate and thereby acted illegally in subscribing as a member to ICAMEK.
They also want court to order that the defendants’ agenda of setting up an alternative dispute resolution judicial practice and administration that is parallel to one established by the government through statute(s) for public utility and satisfaction is illegal.
They also want costs of the suit and a declaration that the administration and dispensation of justice is by virtue of the constitution, a preserve of the government and therefore a private entity such as ICAMEK is prohibited by the law from setting up a parallel and competing system of justice and judicial administration from that which is engendered by the state.