City Lawyers Mpanga, Masembe Dragged To Court Over Conflict Of Interest
Top City Lawyers, Masembe Kanyerezi and David Mpanga of MMAKS and AF Mpanga Advocates respectively have today been dragged to court by city tycoon Sudhir Ruparelia over conflict of interest in the Bank of Uganda-Crane Bank saga.
In his 11-page affidavit sworn on Wednesday at the Commercial court in response to a Shs 400bn Bank of Uganda lawsuit against him, Sudhir contends the duo previously served as his personal and bank lawyers and “cannot appear as counsel in a matter in which they have potential to be witness and are conflicted, and that they cannot appear against former and current clients, or in matters where they will be in breach of their fiduciary relationship.”
Filed under Miscellaneous Application No. 1063 of 2017, Sudhir lists MMAKS Advocates, AF Mpanga Advocates-Bowman’s Uganda, Crane Bank and Bank of Uganda as respondents in a 14-page ‘depone’ drawn by Ms. Kampala Associated Advocates (KAA) that links the law firm of AF Mpanga Advocates, the 2nd Respondent, to a damaging report about the businessman that was authored by the audit firm Price Waterhouse Coopers (PWC).
‘I have read and understood the contents of the Plaint, the Written Statement of Defence and Counterclaim, and Reply to the Written Statement of Defence to the Counterclaim which was filed out of time and I know that all the matters in HCCS No. 493 of 2017 raise issues of conflict of interest against the law firms of MMAKS and AF Mpanga Advocates…’ Sudhir deponed.
He added: ‘I have read the PWC Report and note that each allegation made by PWC is backed up by alleged “Independent Legal Advice”, or “Legal Analysis” all of which were as per the document authored by the 2nd Respondent. I have been advised by my lawyers, Kampala Associated Advocates, which advice I believe to be true, that AF Mpanga is a necessary, material, competent and compellable witness to speak to the veracity of the contested PWC document.
Sughir was replying to the Written Statement of Defence’ filed by the two law firms, challenging his demand of US$8 million from the Bank of Uganda, after the latter failed to file its defence in time, as per the Civil Procedure rules.