Following the Central Bank head of legal Margaret Kaggwa Kasule’s constant and deliberate refusal to sign and to be served, court documents in connection with illegal liquidation of the assets of Crane Bank while in receivership by Bank of Uganda, lawyers representing city businessman Sudhir Ruparelia have filed an application in the High Court against her.
Recently Bank of Uganda (BoU) filed an application to review the Supreme Court ruling that took place in August 2021 in which the court dismissed with all costs an application by BoU’s lawyers which sought to substitute the court record from Crane Bank Ltd (in receivership) to Crane Bank Ltd (in liquidation).
Sudhir’s lawyers from Kampala Associated Advocates (KAA) filed in their defence against the application of the BoU’s lawyers on 7th October 2021, however, Ms. Kasule through the BoU lawyers of J.B. Byamugisha Advocates refused to officially be served with the court documents and has not appended her signature to them.
In an affidavit dated October 16, William Mukasa, a lawyer from KAA alluded that the BoU head of legal, Ms. Kasule, has refused to be served Mr. Ruparelia’s defence in the matter.
He notes that although the registrar of the Commercial Division of the High Court signed on his clients’ statement of defence on October 7, 2021, he is struggling to serve Ms. Kasule through lawyers of J.B. Byamugisha Advocates who represented Crane Bank in liquidation.
“That on numerous occasions, I have been to the chambers so as to pick my signed copies from Counsel Albert in vain and I have called the Secretary/Receptionist of the law firm of J B Byamugisha on her Phone number 0772857404, however she continued to inform me that the Counsel in personal conduct had not yet signed on my pleadings. She further informed me that Counsel was still waiting for instructions from his Client,” Mr. Mukasa’s affidavit reads in part seen by this website.
It must be recalled that on October 12, 2021, KAA first wrote to the BoU head of legal, warning her of defying lawful court rulings in connection with the illegal liquidation of the assets of Crane Bank while in receivership by BoU. However, she declined to replay and which has forced them to go further to the High Court. They added that although Ms. Kasule is the head of legal, on many occasions she has tried to frustrate the implementation of court orders in connection with the liquidation of BoU.
“You are the brain that has been behind all this saga of illegally liquidating Crane Bank with the sole intention of depriving our client of the fruits of the orders of the Court of Appeal. Further by insisting to file a suit showing that Crane Bank is in Liquidation, which the Supreme Court has held that it can’t be done, your conduct is illegal, mala fide, and in contempt of orders of the Court of Appeal and the Supreme Court,” KAA lawyers state.
“I swear this affidavit to prove that counsel for Crane Bank (in liquidation), the purported Plaintiff was served with Defendants’ written statement of defence and all the Annexures but refused to acknowledge receipt of the same,” he added.
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