Justice Paul Gadenya will now handle the case in which property mogul Sudhir Ruparelia sued city law firm Sebalu & Lule Advocates, seeking to stop them from representing dfcu Bank for alleged conflict of interest.
This comes after after Justice David Wangutusi, the head of the court, and his deputy, Justice Elizabeth Jane Alividza, declined to hear it, Solomon Muyita, the Judiciary senior communications officer, told Daily Monitor.
“The file was allocated to Justice Gadenya. However, he has not allocated it a hearing date because he is away in the field,” Muyita stated, explaining that initially, the case was allocated to Justice Alividza but she felt that it would be better if it was handled by Justice Wangutusi, since he was handling similar matters.
He added that when the file was sent to Justice Wangutusi, he also declined to hear it on grounds that it was a different matter that should be handled by another judge and the file was thus sent to Justice Gadenya.
In the case, Mr Ruparelia claims that Sebalu and Lule Advocates is “guilty” of conflict of interest and should not represent dfcu Bank which he sued. Mr Ruparelia, through his Crane Management Services, sued dfcu Bank over rental arrears owed by the sister company Crane Bank, which was closed by the central bank in 2016 and later sold to dfcu Bank.
Mr Ruparelia claims there exists an ‘advocate-client’ relationship between him and Sebalu & Lule Advocates because the same law firm had previously represented his companies.
He further avers that because of that relationship, confidential information was discussed between the two and will use such information to his disadvantage if the law firm represents dfcu Bank.
SOURCE: Daily Monitor