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Added: 6 months 1 week ago

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Why Sudhir wants two BOU lawyers out of case
Under the main application, Sudhir Ruparelia cites conflict of interest of BoU lawyers of MMAkS Advocates and AF Mpanga Advocates

The pre-trial session that is underway is hearing three applications that have risen from the original suit lodged by Bank of Uganda.

Under the main application, Sudhir Ruparelia cites conflict of interest of BoU lawyers of MMAkS Advocates and AF Mpanga Advocates.

Representing Sudhir, lawyers of  Kampala Associated advocates say the law firms are heavily conflicted in this case and will require the lawyers Timothy Masembe and David Mpanga as potential witnesses in this case.

Sudhir's lawyers argue that according to regulation 9 of the Advocates and professional code of conduct regulations, any lawyer who has reason to believe that he might be required to appear as a witness in a matter before court, is barred from appearing in the same case as an advocate.

Kabatsi and his colleague Bruce Musinguzi say they have since fulfilled the requirements and have listed Timothy Masembe and David Mpanga in their written statements of defence as their would be witnesses and hence must excuse themselves in the case.

Among the pieces of evidence that Sudhir says the said lawyers will be required as witness in court is where they are privy to information regarding a 9.2 million Us dollars alleged extraction from Terminal Technology and another fraudulent transaction of 5.9 m dollars with Technology associates in Dubai.

Another piece of evidence is an implementation agreement signed between David Mpanga and Sudhir on 4th April 2017 which is also at the centre of Sudhir's counter claim against Bank of Uganda.

Kabatsi and team say they will need David Mpanga to come to Court as witness and author of this agreement to resolve the issue at hand.

The lawyers also provided evidence where MMAKS advocates is said to have been instructed by Sudhir to issue a demand note and recover the mortgage property from Infinity investments yet in the Bank of Uganda case, MMAKS says no recovery was done by Sudhir from the said company.

More evidence in form of email chats authored by Mpanga was read out to Court for which he will be required as a witness.

The lawyers also argue that Sudhir will not get a fair trial or substantive justice since MMAKS and AF Mpanga advocates have been his long time lawyers and have become aware of facts which will prejudice his defence before court.

They add that regulation 7 of the Advocates act prohibits lawyers from disclosing their client's legal information at a lawyer's benefit.

In this case Sudhir has led evidence showing that Timothy Masembe Kanyerezi has been his personal lawyer and that of Meera Investments and has represented him in many cases.

Lawyers further argue that its prejudicial to Sudhir if Masembe appears at the bar and accuse him of fraud yet he has been his personal advocate for 12 years.

The concluding remark was that the two law firms should be permanently restrained from representing Bank of Uganda against Sudhir  as a message to the public that lawyers must hold their clients' information regarding transactions, wills and marital affairs as confidential