Justice Bonny Isaac Teko of the High Court has directed Uganda Land Commission to pay Shs200m after tax to a city law firm.
The order resulted from a successful prosecution of the application filed by Greystone Advocates claiming that the land commission intentionally refused to pay the money they worked for by providing legal service.
According to Court documents, in 2019, the former chairperson of the Commission, Beatrice Byenkya Nyakaisiki instructed the law firm to represent the government agency in Bank of Uganda after their bank accounts in the said bank were frozen due to Court orders.
“I’m writing to you seeking your legal services on behalf of Uganda Land Commission to see to it that the Garnishee Order attached is lifted with immediate effect. As you are aware, time is of essence especially to the staff of the Commission who will be making two months without pay,” the instructions read in part.
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She added that the Commission which was just installed was in need of money to facilitate their work and pleaded with the lawyers to use their expertise to save them by working at a reasonable legal fee which they were supposed to submit to the Commission to be processed.
According to affidavit sworn by counsel Kenneth Tumusiime Kagaju who handled the matter, upon receiving the instructions, the Advocate sought for and was furnished with the documentation relating to the garnishee order including the varied garnishee order granted on 17th of June 2019 and all pleadings relating to H.C.C.S 256 of 2021 Mahmood Bharwani vs Uganda Land Commission and NWSC.
Partial consent was entered on 29th June 2013 between ULC and Bharwani.
He explained that they engaged Bank of Uganda officials and their efforts were fruitful because BOU released the monies of the Commission held on Accounts No 0025658000001001, 003566008800000 and 03566005800001.
Counsel explained that he convinced the Bank of Uganda officials that monies held under the said accounts were not liable to attachment under the Government Proceedings Act.
After executing their job, they prepared their bill of work mounting to Shs250m and submitted it to the client.
After negotiations, the amount of money was reduced to Shs200m and the Commission assured them that the money was going to be paid but up to now, they have not responded to their demand notices.
After listening to the application which was not contested, he directed the lawyers to take their bill to the tax master to be taxed and then proceed to the Commission to get their money with 6% interest added from February 2024.
