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By Mulengera Reporters

In a case before Court of Appeal, Bukoto South MP Muyanja Mbabali has floored David Nambale formerly the NSSF Corporation Secretary and his client Emmanuel Kato, a city business to whom Mbabali lent money.

In their latest ruling on the matter delivered 3rd of this very month,  the three Court of Appeal Justices unanimously agreed that Nambale ought to have advised his client better to pay Mbabali’s Shs800m ($0.2m) debt as was previously directed by High Court’s Justice Adonyo years earlier.

Initially Kato, who Mbabali wants to be committed to civil prison for failing to pay his debts, had applied for stay of execution which court granted with a condition which he never met.

The condition was that he deposits with court a security of $73,000 within just 45 days which he didn’t do. Instead he rushed to Court of Appeal protesting the terms of the stay of execution as harsh.

He did all this in a fresh application filed for him by Nambale his lawyer. In their decision, Court of Appeal’s Percy Tuhaise, Owiny Dollo and Egonda Ntende unanimously faulted Nambale’s client for not acting properly. That a court decision once proclaimed, it has to be obeyed unless the aggrieved party gets it set aside through review by the same court or appeal to the court of higher jurisdiction.

That failure to deposit the security money of $73,000 meant there was no way Nambale’s client, already at fault for disrespecting court decrees, would appeal to the higher court. In other wards he should have first deposited the security money as ordered and then proceed to protest the conditions of the stay of execution as harsh and unreasonable.

This judgement simply means that Mbabali, who floored Nambale’s client  without even filing any defense to contradict his client, is free to propose anytime to arrest Emmanuel Kato whose explanation that the company which Mbabali lent was separate from him as its director, too wasn’t been accepted by the Court of Appeal Jusotces.

Mbabali is now free to cause Kato’s arrest besides recovering his $220,000 (roughly Shs800m) plus the interest of 11% which was awarded and has been accruing since September 2018 when the High Court judge first delivered his pro-Mbabali judgment under Civil Suit No. 91 of 2008.

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