Justice Kavuma sued over Shs5b case mishap

Kampala.

Deputy Chief Justice Steven Kavuma is on spot for allegedly convening court sessions without notifying both parties thereby denying one of the litigants a right to be heard.

City businessman Wilfred Bugingo accuses Justice Kavuma of fixing and entertaining a case in which he is a party without notifying him, contrary to the rules of procedures.

Bugingo is a party to a case filed by his opponent Willy Jagwe. Bugingo contends that between May 30 and November 2, 2016, Justice Kavuma convened several court sessions and issued dubious orders against him without a viable application filed in court.

“In all those hearings whose notification I am not aware of, and where I was not heard, the respondent (Kavuma) has continued to make orders against my rights. In making and issuing the order on November 2, 2016, the respondent acted with impunity when he convened court without notifying me, and purported to extend an order that had not yet lapsed,” Mr Bugingo said in the affidavit sworn before the High Court in Kampala.

Through his lawyers, Mr Bugingo sued the Deputy Chief Justice challenging his decision to allocate himself the case file instead of appointing a panel of judges of the Court of Appeal to hear it.

He alleges that the decision of Justice Kavuma to sit and continue entertaining proceedings as a single judge of the Appeal and make consequent orders affecting him without giving him notice for the hearings is illegal.

Bugingo’s complaint is pending hearing on January 20 this year. It arises from implementation of a 2014 court judgment where rival businessman Jagwe was ordered to pay Mr Bugingo more than Shs5 billion as compensation for destruction of his plantation in Mubende District.

According to court documents, in a bid to block the court order Mr Jagwe moved to the Execution Division of the High Court but before the matter was determined, he rushed to the Court of Appeal and applied for interim orders to halt implementation of the judgment until further notice.

“While all the aforementioned proceedings were and are being entertained, the respondent has, by acts or omission, failed and continues to fail in his administrative duty to appoint a quoram or Justices of the Court of Appeal with a view to fixing, considering and determining a Civil Appeal notwithstanding my written urge for the same,” Bugingo contends in his petition.

Court documents indicate that the orders issued by Justice Kavuma were served to Mr Bugingo’s lawyers and received under “protest and with reservations owing to the irregularities obtaining and pertaining to the procedures adopted in procuring this order.”

Petition
On August 2, 2016, Mr Bugingo’s lawyers wrote to the Registrar of the Court of Appeal complaining against Justice Kavuma’s orders issued without notification and participation of both parties but indicating that they were present.

“In the circumstances we wish to humbly put this court to notice that any further extension sought to be issued should involve ourselves and the participation of our client so that justice is not only done but seen to be done,” reads part of the petition.

Justice Kavuma is also at the centre of controversy for issuing an interim order stopping Parliament from debating the Shs6 billion which public officials shared under the guise of a “presidential handshake” in appreciation of their role in the Tullow-Heritage oil dispute which Uganda won and was awarded about Shs1.5 trillion in capital gains tax in London.

Last week the Speaker of Parliament Rebecca Kadaga threw out the order and ordered the Auditor General to take it back and have it cancelled. She said Parliament would not pass the budget and other proposals by the government until what she described as the “stupid order” had been vacated.
Other controversial orders earlier made include the one stopping the opposition FDC party’s “defiance campaign” activities including church prayers against alleged NRM undemocratic behavior. He also issued another order stopping the trial of police Chief Gen Kale Kayihura who had been sued in Makindye Magistrate’s Court by lawyers under the private prosecution arrangement for alleged torture of civilians.

Rejection of orders

Court documents indicate that the orders issued by Justice Kavuma were served to Mr Bugingo’s lawyers and received under “protest and with reservations owing to the irregularities obtaining and pertaining to the procedures adopted in procuring this order.”