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Court of Appeal dismisses election petition against Jim Muhwezi

By
Simon Kabayo
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Jim Muhwezi

The Court of Appeal in Kampala 0n Tuesday 24th May, 2022 indefinitely suspended an appeal challenging the election of Security Minister, Jim Muhwezi as the Rujumbura County Member of Parliament.

FDC’s Fred Turyamuhweza Tumuheirwe who was the runner up in the January 14 polls petitioned the High Court seeking to have Muhwezi’s election overturned over voter bribery, ballot stuffing and intimidation of voters.

The High Court, however, threw out the petition prompting Tumuheirwe to challenge the same in the Court of Appeal.

On Tuesday, a panel of three justices of the Court of Appeal including Cheborion Barishaki, Stephen Musota and Christopher Gashirabake reasoned with the earlier decision of the High Court to rule that Muhwezi was rightly selected and declared as the Rujumbura County MP.

“We have not found evidence to support the appellant’s allegation of bribery against the first respondent. The learned trial judge was therefore right in finding that the appellant didn’t cite any provisions of the law not complied with,” the judges ruled.

The judges consequently ruled that the entire petition collapses and therefore dismissed with each party set to cover their costs.

“The first respondent, Jim Katugugu Muhwezi remains the validly and lawfully elected Member of Parliament for Rujumbura County constituency in Rukungiri district as a result of a parliamentary election held on January 14, 2021,” they added.

Speaking shortly after the judgment, Muhwezi’s lead lawyer Mwesigwa Rukutana of Mwesigwa Rukutana and Company Advocates questioned why Tumuheirwe was not stressed about fines of losing the case.

Rukutana said the appellant (Tumuheirwe) unjustly dragged his client (Muhwezi) to court when he had no vast evidence of the allegations. He said he should have been condemned to costs for the damages caused.

“We are happy that finally the Court of Appeal has found the truth but it is absurd that the usual practice of awarding costs has not been done,” Rukutana said.

“It is the people of Rukungiri who voted Jim Muhwezi into this position and they have won the case. First round was to vote for him overwhelmingly and they did it. The second and third rounds were for the court to uphold his victory,” he added.

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Mabirizi tasks prisons to take him to Arusha for court hearing

By
Simon Kabayo
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Mabirizi

Detained city lawyer Male Mabirizi is in negotiations with the Uganda Prisons Services to take him to the East African Court of Justice in Arusha, Tanzania for the hearing of his case challenging the decision to shut down the internet and Facebook during the 2021 general elections, High court heard on Tuesday.

He revealed this while appearing before the Kampala High Court Judge, Isaac Muwata on Tuesday for the ruling on his application for his transfer from Luzira Maximum Upper-Security Prison. However, Justice Muwata informed Mabirizi that his ruling on his application was not ready because he received the transcribed court proceedings late.

Justice Muwata then proposed that Mabirizi return to the court for a ruling on June 7th, 2022. In his response, Mabirizi said that he might not be available because he is in negotiations with the Uganda Prisons Services to transport him either by bus or any other means to argue his case in Arusha.

On May 12th, 2022, the East African Court of Justice summoned Mabirizi and the Attorney General Kiryowa Kiwanuka to appear before a panel of five Justices on June 7th, 2022 for the hearing of the application in which Mabirizi is challenging the Facebook shut down in the country.

The Justices are Yohane Masara, the Principal Judge, Audace Ngiye, the Deputy Principal Judge, Dr. Charles Nyawello, Charles Nyachae, and Richard Wejuli. Towards the January 2021 general elections, the Uganda Communications Commission shut down the internet and all social media platforms citing security reasons.

Although other sites were unblocked, Facebook remains blocked in Uganda to date. Currently, Facebook users access it unlawfully using the Virtual Private Network (VPN). Mabirizi wants the East African Court to declare the actions by the government illegal. He wrote to the Commissioner-General of Uganda Prisons Services Dr. Johnson Byabashaija on May 19th, 2022 to arrange his travel to Arusha for the court hearing.

The Prisons Spokesperson Frank Baine says that it’s hard for them to take Mabirizi outside Uganda because of his security.

 “We do not run the foreign policy. We cannot guarantee Mabirizi’s security outside the country. Let him serve first his sentence then he can follow up the cases later,” Baine said.

Mabirizi is currently serving 18 months at Luzira Maximum Security Prison for contempt of court. Baine says that although the proceedings leading to Mabirizi’s conviction and subsequent sentence are civil, contempt of court is a criminal matter and that’s why he is in Upper Prison.

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Tedros Ghebreyesus re-elected for second term as WHO Director-General

By
Our Reporter
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World Health Organization (WHO) Director-General Tedros Adhanom Ghebreyesus

World Health Organization (WHO) Member States on Tuesday 24th May re-elected Dr. Tedros Adhanom Ghebreyesus to serve a second five-year term as Director-General of the world’s leading public health agency. Dr Tedros was first elected in 2017.

His re-election was confirmed during the 75th World Health Assembly in Geneva. He was the sole candidate.

“I am humbled by the opportunity provided by Member States to serve a second term as WHO Director-General,” said Dr Tedros. “This honour, though, comes with great responsibility and I am committed to working with all countries, my colleagues around the world, and our valued partners, to ensure WHO delivers on its mission to promote health, keep the world safe and serve the vulnerable.”

The vote was the culmination of an election process that began in April 2021 when Member States were invited to submit proposals for candidates for the post of Director-General. The WHO Executive Board, meeting in January 2022, nominated Dr Tedros to stand for a second term.

Dr Tedros’s new mandate officially commences on 16 August 2022. A Director-General can be re-appointed once, in accordance with World Health Assembly rules and procedures.

During his first term, Dr Tedros instituted a wide-ranging Transformation of the WHO, aimed at increasing the Organization’s efficiency driving impact at country level to promote healthier lives, protect more people in emergencies and increase equitable access to health.

He also guided WHO’s response to the Covid-19 pandemic, outbreaks of Ebola in the Democratic Republic of the Congo, and the health impacts of multiple other humanitarian crises.

Before first being appointed WHO Director-General, Dr Tedros served as Minister of Foreign Affairs, Ethiopia from 2012–2016 and as Minister of Health, Ethiopia from 2005–2012.

He had also served as chair of the Board of the Global Fund to Fight AIDS, Tuberculosis and Malaria; as chair of the Roll Back Malaria (RBM) Partnership Board; and as co-chair of the Board of the Partnership for Maternal, Newborn and Child Health.

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Focus on homestead income – Museveni advises leaders as he campaigns for Ojok Oulanyah

By
Our Reporter
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President Museveni

President Yoweri Museveni has called on leaders at all levels to dedicate their energies to nothing else but focus on income-generating activities that improve the livelihoods and families of the people they lead.

President Museveni said that although people engage in the production of food, they are facing the challenge of lack of money which has increased poverty levels within the population.

“The first and important point of concern to you the leaders is the issue of homestead incomes. Please the NRM people, poverty should first go and it is very easy, just understand how to do the calculation very well. You are the leaders of the villages. When you go back tell them NRM has resolved to wage war on fighting poverty up to the last person in the village,” Museveni said.

The president was at Odek primary school playground in Odek sub-county and Opit secondary school in Omoro town council as he canvased support for the NRM flag bearer Andrew Ojok Oulanyah in a race to replace the late Jacob Oulanyah who died two months ago in the US.  

Mr Museveni who first commiserated with the people of Omoro for the loss of Oulanyah said he was sorry for the loss of a brilliant young man but also said was happy with the people for what he described as civility.

“You reasoned so well and rationally when you chose Ojok as your candidate because this was Oulanyah’s term. This is a term to be finished by his close person like Ojok. If you do it well next time they will send you to parliament as Ojok,” He said.

He thanked the six people who had expressed interest in the same seat but later after several meetings and consultations with various leaders not only willingly accepted to step down for Andrew Ojok but have since hit the trail to campaign for him until victory is realized, adding that the by-election was not the end of the world.

Museveni took a swipe at some leaders in the opposition who he accused of lucking what to tell people and instead start to trade in lies that the government has diverted money meant for compensation of war victims to campaign for Ojok saying the exercise is going on as planned.

“I read in the newspapers that the opposition was saying the money for compensation has been diverted to campaign for Ojok. So I am telling you the money for the cows is there. Compensation for victims affected by wars will resume after the verification exercise by the office of the Attorney general is concluded.

All the districts whose population was affected will surely get their equal share,’’ Museveni said as he assured the people of Omoro district.

After his speech, Museveni handed over the NRM flag to Andrew Ojok as a sign of goodwill to win. “I take this singular honour to hand over to you the NRM party flag to go and win,” he said.

Ojok in his brief speech thanked the president for his support and asked the people of Omoro county to overwhelming turn up Thursday to cast their vote.

“Your vote is a debt to me. I will endeavour to work with the president and parliament, to deliver to your expectation,” Ojok told thousands of supporters during the two separate meetings. 

Some of the issues of concern addressed to the president by Omoro district leaders include; tarmacking Moroto road, upgrading Lalogi district health centre IV into a general hospital, and availing money to the district through Uganda road fund to rehabilitate the impassable roads and those already cut off by current heavy rains.

On his way to Opit to attend his second rally, the president visited the home of the Mzee Nathan Okori, the grandfather to Andrew Ojok Oulanyah.

He interacted with Mzee Okori before he lay a wreath on the grave of the late Jacob Oulanyah.

Tuesday 24th marked the last campaign day and the people of Omoro County will this Thursday line up to determine their representative for the remaining four years.  

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Bitature Loan Saga: Muwema replies to Justice Mubiru ruling

By
Our Reporter
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Mr Fred Muwema

Businessman Patrick Bitature’s lawyer, Counsel Fred Muwema has replied to Justice Stephen Mubiru’s ruling in which he was ordered to pay the costs in the $34m loan saga for wasting court’s time as it acted on the quashed application that had no merit at all.

Bitature and his counsel Muwema were dealt another blow as High Court on May 24, 2022 quashed their application seeking a court injection stopping Vantage from registering with Uganda Registration Services Bureau (URSB) equity shares in Simba Properties Investment Company Limited as the date for the payment of the $34 million elapsed in December 2019.

“The legal costs and time wasted in this litigation could have been avoided entirely if the applicants’ advocates had discharged their duties to the expected minimum standards of professional competence. It qualifies as a “rare and exceptional” case where it would not be fair for the applicants to bear the costs. The costs must be met by the applicants’ advocates in person. Consequently, the application is hereby dismissed. The costs of this application will be met personally by counsel on record for the applicants,” Justice Mubiru ruled.

Below is Muwema’s reply in full:

RESPONSE TO MONITOR NEWSPAPER STORY TITLED “COURT DISMISSES BITATURES APPLICATION SEEKING PROTECTION FROM PROSECUTION OVER LOAN”

We respond to the above story which is based on a court ruling delivered on the 24th May 2022 in M.A 414|2022 Simba Properties Investment Co ltd &3 ithers Vs Vantage Mezzanine Fund II Partnership & 6 others, where we represent the Applicants.

This ruling adumbrates the glaring deficiencies of the Electronic Court Case Management Information System (ECCMIS) which most Advocates and court users have been Complaining about.

As can be gleaned from the ruling, our Clients application for a temporary injunction was dismissed with costs against counsel, primarily on the ground that no substantive application was filed in court. This is ironical because a current review of the online filing system (ECCMIS) reveals the contrary as indicated below.

I.             We filed an application for contempt of the court arbitral reference order issued by Justice Boniface Wamala in HCMA No 201 of 2020 by the respondents on the 11th day of April 2022 at 12:17hrs.

II.            The said application was given a draft No DRFT HCT-00-CC-MA-0408-2022 under the ECCMIS system and upon the mandatory validation exercise by the court registrar, the said application obtained a new number HCT-00-CC-MA-0332-2022.

III.           We also filed an application for a temporary injunction which was given a draft No 0414 of 2022 and it was also given a validation final application No 331 of 2022 by the court registrar. An extract from the ECCMIS system confirming both entries is attached for ease of reference.

IV.          So by the time we appeared for the hearing of the temporary injunction before the land trial Judge Hon. Justice Steven Mubiru, the final application numbers were already in the court system.

V.            Since the ECCMIS is presented as a quintessential system which is inter-operable so as expedite court processes, it came as a surprise when court claimed both at the hearing and in the ruling that our contempt application was not on the system.

VI.          It even came as a bigger surprise that the court its self was confused by the system when it issued the ruling under draft application No. 0414 of 2022 instead of the final application No. 331 of 2022. Why would a final ruling be issued under a draft application if the system is indeed reliable?

VII.         From the above narrative, it is evident that the decision and ruling of the court was based on apparent misinformation or malfunction of the ECCMIS. This error cannot be hypnotized on the advocates who do not manage the system and have been wrongly cited for imaginary negligent conduct in this case!

Whereas we have been instructed by our clients to appeal the impugned ruling to the court of appeal for the above and other reasons, we wish to note however that an inefficient ECCMIS may become an impediment to the administration of Justice in the courts where it is being piloted in Uganda.

 The efficiency of ECCMIS must be streamlined immediately before other Advocates and litigants fall victim to its endemic malfunctions. Alternatively, operation of the system should be suspended until robust capacity to put it to good use is acquired by the judiciary.

Dated at Kampala the 25th day of May 2022

__________

MUWEMA AND CO. ADVOCATES

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CMA, ODPP sign MoU to enhance prosecution of capital markets related offences

By
Our Reporter
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The DPP, Justice Jane Frances Abodo together with the CEO of Capital Markets Authority, Mr. Keith Kalyegira

The Capital Markets Authority (CMA) and the Office of the Director of Public Prosecutions (ODPP) have today signed a Memorandum of Understanding (MOU) to carry out joint prosecutions against capital markets offenders.

The establishment of mutual cooperation and collaboration between these two institutions will extend to exchanging of information aimed at promoting the quality of prosecutions relating to capital markets offenders in Uganda.

The CMA and ODPP will conduct joint trainings of staff on enforcement of the capital markets legal framework with an aim of building capacity.

In his remarks about the signing of the MOU, Keith Kalyegira, CEO of the CMA said: “This MOU solidifies our expectations of the ODPP and their expectations of us. We look forward to efficient prosecution of unlicensed players in the capital markets space in providing a secure environment for investors in the capital markets industry.”

“With this MOU, the efficiency of prosecution of capital markets related offences, mostly by unlicensed individuals and firms, is set to rise, to ensure swifter justice to all Ugandans. I wish to thank Justice Jane Frances Abodo and her staff for agreeing to this MOU which is essential to the economic growth of Uganda. Enforcement of capital markets related laws will improve access to long term, affordable financing and sources of relatively low risk avenues to grow passive investments.”

The Director of Public Prosecutions Jane Frances Abodo said: “We are grateful for the cementing of our collaboration with CMA. The ODPP Prosecutors will benefit a lot from the specialized training that will be conducted by CMA and vice versa resulting in strengthened prosecution of capital markets related offences. We look forward to a future with high expectations of expanded opportunities from the MOU.”

It is envisaged that the MOU will result in strengthened prosecution of criminal matters relating to capital markets leading to enhanced protection of the integrity of Capital Markets in Uganda and restored investor confidence.

According to the most recent Annual Crime Report 2021, Economic Crimes, some of which are capital markets related, increased by 9%, moving from 10,057 cases in the year 2020 to 10,966 cases in 2021.

Currently, the CMA is handling 8 cases which are at various stages of prosecution. This MOU will go a long way is quickening access to justice for the victims.

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Africa to celebrate its 59th Liberation Day tomorrow

By
Simon Kabayo
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Maj Gen Kahinda Otafiire.

Africans in Africa and all over the world will celebrate Africa Liberation Day tomorrow on Wednesday 25th May.

African Liberation Day serves a purpose of creating and cooperation amongst African people from either the continent or diaspora since they share culture and historical similarities based on the struggle of anti-slavery, colonialism, neocolonialism and identity challenges.

Uganda’s Internal Affairs Minister who doubles as the chairperson of Global Pan African Movement Kahinda Otafiire has congratulated the African Union and the Regional Economic Communities, African states and all people of African descent upon their 59th anniversary of the African liberation day and founding of the Organisation of African Unity (African Union).

This year’s commemorations have come at a time when the Global Pan African Movement is also organising for the 8th Pan-African Congress.

Otafiire said that as they commemorate, Pan Africanism is facing new forms of challenges alongside the tradition ones of neocolonialism such as the recent storms which devastated parts of Africa, terrorism activities, war in Libya and uncontrollable migration of our people in search for greener pastures.

“These challenges threaten Africa’s strategic future. On this note, the movement is disappointed by Africa’s leadership for having failed to adopt the values of Pan Africanism among the citizens, something that would have helped to avert and avoid the problems which affect us today. Hence the need to dismantle all the colonial structures, fight off imperialism and unify as people of African descent,” Otafiire emphasized.

Otafiire added that the movement also condemns the escalation of pressure and acts of the Western Government and their allies in their pursuit of imperialistic interests with their interference with sovereign states especially Venezuela, Cuba, Nicaragua, Zimbabwe among others.

“We therefore join the rest of the world’s voices to call for respect for world independence- respecting each other regardless of its size, strength, ideology and influence,” he said.

The Pan African Movement is now ready to explore together the African Union, the Economic Regional Blocs, youth and women empowerment, new strategies to enhance Africa’s long desired frontier of liberating the continent and its people from imperialism, and the realization of the unified African government.

“Deeper engagements of the masses especially the youths will be emphasized for better implementation and affecting of the goals,” he added.

The movement together with the Nile Valley Reunion Project and the African Cooperation Union (UK) are enrolling the NVR program to bridge the existing gaps between Africans, improve business, trade and investments by Africans on the continent, relocations as well as cooperation in all aspects of life.

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Police investigates businessman Kirumira over land grabbing

By
Our Reporter
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Godfrey Kirumira

Police in Mukono have summoned city businessman Godfrey Kirumira for allegedly forging a kibanja sales agreement for a 45-acre piece of land in Namanve Industrial Park.

Kirumira was summoned together with Andrew Muyonga to appear on Tuesday at Seeta Police Station to record statements in respect to allegations of forgery and uttering false documents.

It is alleged that on October 30, 2021 at Kolo village in Mukono, Kirumira knowingly and fraudulently uttered a false document (kibanja sales agreement) on Block 113, Plot 142 at Mukono High Court, purporting that he had bought it from Yokana Mukasa Galikwoleka, whereas not.

Muyonga is accused of forging a kibanja sales agreement for the land in the same period.

“This office is investigating a case in which you are required to report to Police to assist in providing valuable information required in this matter,” the summons issued on Friday and served to Meddie Katumba on behalf of Kirumira and Muyonga by detective corporal Jebrone Waiswa, state.

The two are expected to be interrogated by detective inspector of Police William Malenge.

When the Police arrested Muwonge, a builder, on April 10, he confessed to signing and placing his right-hand thumbprint on the sales agreement. Muwonge said he was made to rewrite the sales agreement in his handwriting in November 2021 by the site supervisor, Andrew Muyonga, at Jokas Hotel in Bweyogerere, Wakiso district.

Muwonge said he drafted the kibanja sales agreement dated October 30, 2017.

“I wrote the kibanja sales agreement, copying from the copies Muyonga had,” Muwonge, who calls Kirumira his boss, said in a Police statement dated April 10, 2022.

He, however, said he did not see the buyer or the seller while writing the agreement.

A Police forensic report dated April 22, 2022, confirms that the thumbprint, writings and signature in the sales agreement are for Muwonge.

It was signed by Sylvia Chelangat, the acting deputy director of forensic services.

In his Police statement, Musa Hamuza claims he was paid Shs100,000 after signing the agreement on Muyonga’s advice.

He, however, said he found out later that an Indian, Minaz Karmali, was complaining over the same land.

According to court documents, Rogers Mubangizi, a farmer and security guard at Quality Chemicals Limited, says while at Jokas Hotel, Mubiru and Hamza Galiwango, the Uganda Investment Authority (UIA) director for industrial parks development, informed him of the deal and sought his assistance, but he declined to sign the agreement.

The local investor said Liberty ICD has owned three freehold plots No. 1501, 1502 and 1425 on Block 113 in Namanve for many years.

He accused Kirumira of illegally transferring a title on Plot 393, Block 113 into his name.

The title was used as collateral by Capital Ventures International Limited for a Shs400m loan against 85-acre-land.

Court documents indicate that Kirumira paid stamp duty to Uganda Revenue Authority of Shs1.275m, but Capital Ventures had assessed a stamp duty of Shs671.2m.

He said although Kirumira claims it is a kibanja, there is no evidence of a landlord, payment of busulu and its history, maintaining that it is a freehold land that he acquired in November 2010.

Despite the ongoing court case over the matter, Kirumira petitioned the deputy commissioner of lands, who summoned two parties (Prof Minaz and Kirumira) to hear the matter before he takes a decision to either cancel the title or not.

The summons were prompted by lawyer George Kintu, who instituted a forgery case against the businessmen.

This results from a trespass case filed at Mukono High Court by Kirumira against Minaz Karmali, the director of Liberty ICD Limited.

In his complaint, the lawyer said Kirumira alleged to have bought a kibanja from Galikwoleka at Kolo LCI, Nantabulirwa parish, Goma division in Mukono district on October 30, 2017.

However, a death certificate from the National Identification and Registration Authority submitted at Mukono High Court indicates that Galikwoleka, a shamba boy working for the late Charles Kagenya, died on July 20, 1996.

The lawyer said Kirumira attached to his court documents a sales agreement with Joseph Muwanguzi and Musa Hamuza listed as witnesses.

Kirumira contends that he has been the registered proprietor of the land comprised in plots 392 and 393, respectively, for the past five years which he has fenced off.

Kirumira therefore wants court to stop the investor from evicting him from the 46-acre piece of land.

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RUBiS Energy joins Rotary Uganda to equip school girls in Northern Uganda with pads

By
Simon Kabayo
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RUBiS Energy joins Rotary Uganda to equip school girls in Northern Uganda with pads

RUBiS Energy Uganda has donated Shs 10 million in an initiative to pad girls in Northern Uganda and also decarbonize the environment through tree planting.

Speaking at the flag off, Henry Karuhanga, the CSR Referent at RUBiS Energy Uganda said, “The initiatives proposed by Rotaract stood out from the various optional proposals we received for CSR this year and spoke best to our strategy which has reducing our environmental footprint through decarbonization of energy substitution, promoting safe working environments and contributing to a more virtuous society as the core pillars.”

Jemimmah Aupata, the Fuel and Specialities Sales Manager at RUBiS Energy Uganda added that “Many girls are unable to attend classes and attain a good education due to lack of menstrual sanitary towels, an issue that can easily be resolved if we come together and provide these items.”

“As part of our Corporate Social Responsibility, we are donating reusable pads worth Shs 5 million to be sent to the girls in Northern Uganda and also providing fuel to the Rotary team that will be travelling upcountry to make these donations and also embark on a tree-planting drive,” Aupata added.

“There is a tendency to skip classes or completely drop out of school due to lack of proper menstrual hygiene. We hope that these reusable pads can help the girls stay in school and have a chance at a good education without any interferences,” she remarked.

A report by Build Africa indicated that, of the 80 days allocated to a school term, 29.7 per cent of the adolescent girl miss a minimum of four days per cycle including examination days, important class presentations and the introduction of new topics.

Also present at the event was Steven Munabi, a Rotary member himself and the Engineering Manager at Rubis Energy Uganda who emphasized that, “Menstruation should not be looked at as a taboo nor should the young girls face discrimination for a normal human body experience. Steven noted further saying, “Education in this day and time is crucial, no one should miss the chance to a better future due to lack of proper menstrual care products.”

Speaking on behalf of Rotary Uganda, Ian Mwiine commended RUBiS Energy for their efforts in the pad donation drive. “We’d like to thank the team from RUBiS for joining hands with us as we strive to ensure girls across the country have access to proper menstrual hygiene towels.”

“The pads we are donating are reusable and more favorable because they can be used for a long time hence reducing the cases of absenteeism in girls due to periods,” Ian said.

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Court dismisses Bitature’s application, Counsel Muwema ordered to pay costs in $34m loan saga

By
Our Reporter
-
Patrick Bitature

Businessman Patrick Bitature and his counsel Fred Muwema have been dealt another blow as High Court on May 24, 2022 quashed their application seeking a court injection stopping Vantage from registering with Uganda Registration Services Bureau (URSB) equity shares in Simba Properties Investment Company Limited as the date for the payment of the USD 34 million elapsed in December 2019.

Simba Properties Investment Company Limited, Simba Telecom Limited Linda Properties Limited Elgon Terrace Hotel Limited, Patrick Bitature and Caroline Bitature were the applicants who have now been disappointed by Justice Stephen Mubiru who said their application catastrophically lacks a legal basis, in a ruling that Eagle Online has picked some paragraphs.

Counsel Muwema held personally liable

Meanwhile Bitature’s lawyer Fred Muwema has been ordered to pay the costs of the application to the respondents for wasting court’s time as it acted on the quashed application that had no merit at all.

“The legal costs and time wasted in this litigation could have been avoided entirely if the applicants’ advocates had discharged their duties to the expected minimum standards of professional competence. It qualifies as a “rare and exceptional” case where it would not be fair for the applicants to bear the costs. The costs must be met by the applicants’ advocates in person. Consequently, the application is hereby dismissed. The costs of this application will be met personally by counsel on record for the applicants.”

The applicants and their lawyer Muwema in their application had sued Vantage Mezzanine Fund II Partnership, Warren Van Der Merwe, Derek Alexander, Siyanda Khumalo and lawyers Robert Kirunda, Diana K sabiiti and Moses Muziiki, as respondents to the application.

The judge was displeased by Muwema’s seriousness in the application where he sued respondents for contempt of court, yet he had not filed any case. The judge in his ruling wondered why Muwema had to sue his fellow advocates.

“There is nothing pending determination in that application. The affidavit in support of the application cites Miscellaneous Application No. 408 of 2022 as the pending 15 application for contempt of court order to issue against the respondents. Examination of the Electronic Court Case Management Information System (ECCMIS) of this court reveals that both at the time of hearing and at the time of writing this ruling, no such application has been registered. In short, there are no pending proceedings in this court out of which this application arises. The application is therefore fundamentally misconceived from the outset.”

The judge further held: “Before taking leave of this matter, it is noteworthy that it is a well-established principle that courts have inherent power to maintain respect for their authority and to punish conduct that threatens the proper administration of justice. This includes awarding costs against advocates personally. An advocate who initiates proceedings unreasonably and vexatiously, may be required by the court to satisfy personally the costs of the litigation. An advocate may be ordered to pay costs where he 20 or she has caused costs to be incurred without reasonable cause or to be wasted by undue delay, negligence, egregious misconduct or other default that rises to a “rare and exceptional” level

The  applicants in the suit sought the interlocutory injunction so as to protect themselves “against injury by violation of their rights for which I have already found they could be adequately compensated for in damages if the uncertainty were resolved in their favour at the trial. The applicants’ need for such protection must be weighed against the corresponding need of the 10 respondents to be protected against injury resulting from being prevented from exercising their own legal rights for which it may not be adequately compensated in damages if the uncertainty were resolved in its favour at the trial. Having done so, I find that the balance of convenience is in favour of the respondents.”

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