There was drama again in the Commercial Court on Tuesday September 13, 2022 when Sudhir Ruparelia of Meera Investments Ltd, Equity bank and Ronald Luwangula of Luwa Luwa Investments Ltd turned up to present documents in compliance with the court order that was issued by Justice Stephen Mubiru n on August 9th.
However, when the documents they presented were subjected to scrutiny by the court and the Simbamanyo lawyers it was discovered that the bank and the other co- defendants had not fully complied with the court order.
It was discovered by the court that; That they had taken unfortunate advantage of court’s typing error in the order to present a bank statement for Katende Ssempebwa’s dollar account for the period 1st August 2020 to 30th August 2020 instead of up to 30th October 2020. Court undertook to correct this anomaly and the defendants asked to comply accordingly.
The affidavits submitted by lawyer Katende denying being in possession of the emails were not sworn by those as directed by the court i.e., one Samuel Kirubi Managing Director Equity Bank, Lawyer Walusimbi and Lawyer Sim Katende who was conducting the case for his clients.
Lawyer Sim Katende should have recused himself from conducting the case on behalf of his clients the moment he realized he was conflicted in the matter.
Court wanted to know whether Sim Katende is subject to conflict of interest because whereas he is representing Equity Bank in the matter, he may have been involved in doing transactional work with Equity bank regarding the fraudulent sale of the Simbamanyo properties.
Sim Katende was put on the spot when the Judge asked him to examine himself and tell the court if there is a conflict of interest since Katende appears in the matter as legal counsel to the defendant.
The judge cautioned Sim Katende that it would be prudent for him to disqualify himself now or suffer the consequences in the near future when evidence presents itself that he actually was involved in transactional work for his clients in the alleged fraudulent sale of the said properties.
Lawyer Sim Katende denied any involvement and the Judge put him on record for that. But warned him that he would suffer the consequences in the future should evidence present itself that he actually was involved in transactional work for his clients in the fraudulent sale of the said properties. Hence leading to disciplinary action by Law Council.
Justice Stephen Mubiru sent them back for another seven (7) days within which to comply fully with the orders he issued in his August 9th ruling and adjourned the matter to September 20th, 2022 at 9.00am.