The High Court in Kampala has ordered the arrest of lawyer Siraje Kakeeto for failing to pay his client, Dr Swaibu Mahamudu Ssemuwemba, $42,000 (about Shs 156 million).

The court decision, dated August 30, was made by a panel of three civil division judges: Musa Ssekaana, Esta Nambayo, and Boniface Wamala. The case traces back to 2019 when Ssemuwemba complained to the Uganda Law Council (ULC) against Kakeeto for failing to remit $52,000 following a land purchase transaction.

Although Kakeeto was arrested and later released after promising to pay the outstanding amount, records indicate that he only managed to pay $10,000 in 2016, leaving a balance of $42,000. On October 17, 2019, Kakeeto wrote to the ULC secretary that he would pay the remaining arrears to Ssemuwemba.

However, he failed to honour this commitment, leading to a mediation settlement with the ULC. During mediation, the Law Council’s disciplinary committee directed Kakeeto to pay Shs 150 million in instalments of Shs 12 million per month, starting May 2022. He was also required to make a down payment of Shs 30 million, deposit the land title with a valuation report to the ULC, and pay Shs 10 million in travel allowances and Shs 1 million in costs to the ULC.

Despite agreeing to these terms, Kakeeto once again failed to comply, resulting in the Law Council issuing a warrant for his arrest in October 2022. Kakeeto challenged this warrant in the High Court by filing a Notice of Appeal on December 13, 2022. However, the appeal was filed eight months after the Law Council’s decision, far beyond the statutory time limit of 14 days, and without an application for an extension.

In their judgment, the judges upheld the Law Council’s decision, stating that Kakeeto’s appeal was invalid due to the late filing and lack of leave from the court. They emphasized that the right to appeal is a statutory right that must be exercised within the prescribed timelines.

“The right to appeal is a statutory right, and the conditions precedent must be strictly performed. In this case, the appellant failed to file his appeal within the prescribed time, and therefore, there is no valid appeal pending in this court,” the justices held. 

Consequently, the court has ordered Kakeeto’s arrest for refusing to sign transfer forms and provide the necessary documents to facilitate the transfer of the land title to Ssemuwemba.