Matooke Republic
Friday, May 9, 2025
  • Home
  • News
  • Entertainment
  • Gossip
  • Features
  • Business
  • Sports
  • Health
  • Photos
  • Relationships
Matooke Republic
  • Home
  • News
  • Entertainment
  • Gossip
  • Features
  • Business
  • Sports
  • Health
  • Photos
  • Relationships
No Result
View All Result
Matooke Republic
No Result
View All Result

Sudhir wants BoU/Crane Bank multi-billion case thrown out of court as a party in receivership has no legal basis to sue or be sued

Matooke Republic by Matooke Republic
May 6, 2019
in News
Reading Time: 4 mins read
Share on FacebookShare on Twitter

Tycoon Sudhir Ruparelia has applied to the Commercial Court to dismiss a 2017 multi-billion case that Bank of Uganda through Crane Bank (in receivership) brought against him and his real estate firm Meera investments.

In the application dated April 30, Sudhir contends that Crane Bank has no locus standi (ability, right or capacity of party to bring an action or appear in court or participate in a case) as a company under receivership cannot sue or be sued.

In an affidavit to support his application, Sudhir stated that his lawyers Kampala Associated Advocates advised that Crane Bank (under receivership) had no legal capacity to sue him.

RELATED POSTS

How to transfer your voting location

Why displaying the National Voters Register matters

“I verily believe [the advice] to be true,” he stated.

Background

The series of events stem from Bank of Uganda’s October 2016 action of placing Crane Bank where Sudhir was a shareholder under statutory management stating that it was “significantly undercapitalised, posing a systemic risk to the stability of the financial system. The bank was sold to DFCU in January 2017 after placing it under receivership.

BoU through Crane Bank (in receivership) then sued Sudhir for allegedly syphoning Shs397b in fraudulent transactions. Sudhir rubbished the allegations as false and counter-sued BoU, seeking compensation of $8m (Shs28b) in damages for breach of contract.

It was also alleged that the entire land where Crane Bank had branches was transferred to Meera Investments, a company owned by Sudhir and then leased to Crane Bank and it now wants the land back.

The Commercial Court head, Justice David Wangutusi, advised mediation between the two parties (Sudhir and BoU) as the losing party would pay heavily if the case went to full trial.  

Throw out the entire case

To punch more holes into BoU’s case, away from the fact that a party under receivership cannot sue or be sued, Sudhir’s lawyers argue that Crane Bank cannot sue for “the recovery, transfer and return of freehold property when the respondent is a non-citizen within the meaning of the law.”

The Constitution and Land Act bar non-Ugandans from owning freehold property. The majority of Crane Bank shares were owned by non-Ugandans. Sudhir in his affidavit stated that Rasik Kantaria a Kenyan national took up 47% of the bank in 2010, later transferring his shares to White Sapphire Ltd, a company incorporated in Mauritius. A British citizen Jitendra Singhani owned 4% of the bank making it 51% foreign owned.

Crane Bank also accused Sudhir of failing to remit more than Shs52billion to National Social Security Fund (NSSF) as worker’s contributions and wants him to pay the amount. However, his lawyers want these claims dismissed and contend that this case should have been brought against Crane Bank itself and not the shareholders since they were not involved in the day to day running of the bank.

The tycoon’s lawyers also say the case brought against him does not disclose a cause of action against the applicant (Sudhir) as provided for by Order 6 Rule 29 of the Civil Procedure Regulations. 

Hence, Sudhir wants the entire case dismissed with costs.

Early win  

Last December, Sudhir scored a win against BoU when court ruled that AF Mpanga and MMAKS Advocates who were serving as BoU’s external lawyers on the case were conflicted and hence not fit to represent BoU on the case. The two law firms had previously represented Sudhir and he argued that they would jeopardise his case and court ruled in his favour.  

July 3 has been set as the date for the first hearing of the case.

Related

Tags: BoUCommercial CourtCrane BankSudhir
Share2Tweet1Send
Matooke Republic

Matooke Republic

Freshly peeled info from area code 256

Related Posts

India at 78: From politics to business, Sunak to Kamala, Sudhir to Sundai, why they are running the world

by Matooke Republic
9 months ago

...

Nepal consul Sudhir rallies Nepalese, Ugandans in blood donation drive

by Matooke Republic
1 year ago

...

UK Supreme Court orders that DFCU, its owners and directors must stand trial in UK for their role in fraudulent acquisition of Crane Bank

by Matooke Republic
1 year ago

...

Lands Registry cancels titles of 48 former Crane Bank branches held by Dfcu, returns them to Sudhir

by Matooke Republic
1 year ago

...

Crane Bank shareholders welcome London Court ruling to hear multi million dollar case against DFCU, vow to fight for justice

by Matooke Republic
2 years ago

...

Next Post

Photos: How the annual BIC Customer Trade Dinner went down

Pastor Bugingo: Controversy-filled week was blessing in disguise... over Shs36 million was collected towards church building

RECOMMENDED

How to transfer your voting location

May 9, 2025
Pope Leo XIV

Explained: How Popes choose their names—and Why the New Pontiff is Pope Leo XIV

May 9, 2025
  • 643 Followers
  • 23.9k Followers

MOST VIEWED

  • Afande Sam Omara.

    Battle-hardened retired police officer Afande Sam Omara is dead

    65 shares
    Share 26 Tweet 16
  • Suspended Police Commander found dead in septic tank at his residence in Kyengera with a rope around his neck

    56 shares
    Share 22 Tweet 14
  • Rajiv Ruparelia’s weeklong wedding on in London  

    82 shares
    Share 33 Tweet 21
  • Tycoon Sudhir Ruparelia gifts son Rajiv a McLaren 765LT Spider valued at about Shs1.7 billion

    83 shares
    Share 33 Tweet 21
  • How to apply for Digital Number Plates for New Vehicle Registrations

    318 shares
    Share 127 Tweet 80
Matooke Republic

Uganda's only free Newspaper. Out every Thursday. Freshly peeled info. kiwatule, Kampala, Uganda.

  • Home
  • News
  • Entertainment
  • Gossip
  • Features
  • Business
  • Sports
  • Health
  • Photos

© Matooke Republic 2024

© Matooke Republic 2024

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.