Commercial Court Reserved on Ordering Orient Bank to Unlock UPC Accounts

UPC President Jimmy Akena

Jimmy Akena’s fight to have the Uganda Peoples’ Congress (UPC) Orient Bank accounts re-opened is yet to yield results despite orders from the Court of Appeal under Justice Steven Kavuma that was issued to that effect last December.

Among the reasons that Orient Bank Management and lawyers gave not to adhere to the orders that were granting Akena access to the accounts was to the effect that there is a running court case against the Bank in the Commercial Court.

The Commercial Court Judge Justice Jane Azivuwa called the three parties’ lawyers today for a scheduling conference for an application that was filed by Joseph Bossa, prescription the UPC faction president in which he questioned the manner in which the Akena administration went ahead to withdraw money from the accounts before being frozen.

The parties also wanted the judge to pronounce herself on who should have access to the bank accounts which she declined to.

In her ruling, about it the judge resolved that the Court of Appeal order binds on the High Court because it is a superior court and limited her jurisdictions on this particular matter to resolving the issue of party accounts that happened in the past.

“She said she will only handle the resolution on the transactions that were carried out on the party accounts from July, 2015 to Jan 2016 when the accounts were frozen which are reported as illegal,” noted UPC lawyer Denis Enap

A hearing date has been thus fixed to February 6, 2017.

“Court has been very express and said the Court of Appeal Orders bind the lower Court and as such the present and future operations of the account should be moved as far as the Court of Appeal orders states. In essence Akena and his administration has a right to use the Bank account.”

“We expect Bank lawyers, being friends of Court to advise Orient Bank managers to allow the administration of Jimmy Akena transact with the party accounts as soon as possible.”


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