Friday June 27 2014

Judge steps down from case

Justice Yasin Nyanzi

Justice Yasin Nyanzi 

By Juliet Kigongo

A High Court judge has withdrawn from a case in which Picfare Industries Limited sued the Secretary to the Treasury- ministry of Finance, Planning and Economic Development over a Shs21.62 billion debt.

Justice Yasiin Nyanzi on Thursday withdrew from the case after Picfare, through its lawyer; Mr Patrick Furah asked court to grant them an order of mandamus compelling the Secretary to the Treasury to pay them a sum of Shs13, 320,120,224 plus interest of Shs8, 302,874,889 as of March 31, 2014.

“There is a petition by another lawyer Caleb Alaka to the Constitutional court seeking determination of one question whether parties rather than the attorney general can be sued,” Justice Nyanzi said, adding “My senior colleague Justice Musota(Stephen) had stayed the case.”

The said money was the amount awarded to the investor (Picfare) in the consent judgment dated May 20, 2011 against the Uganda Land Commission.
In 2001, Picfare sued the Uganda Land Commission, represented by the Attorney General in the High Court under civil suit No.521 of 2001 for misappropriation of and illegal allocation of land comprised in LRV1306 Folio 11, Plot 24/26 Entebbe Road, Kampala to a third party.

Consequently, the consent judgment was entered in favor of Picfare in the total sum of sh13, 320,120,224 plus interest at 22% per annum.
Upon signing the consent judgment by the parties, it was reportedly entered by the High court after which a Decree was extracted and a certificate of order against Government was taken out.

Picfare claims that it has since then made several demands to the Secretary to the Treasury to meet his obligation but in vain.