The Independent Uganda: You get the Truth we Pay the Price
Luweero, Uganda | THE INDEPENDENT | Ronald Ndawula the candidate for the Katikamu North Parliamentary seat has petitioned the Court of Appeal seeking a stay of execution of an order that declared him bankrupt and subsequently disqualified from the race.
Last month, Ndawula who is contesting on an Independent ticket was disqualified by Justice Simon Byabakama the Chairperson of the Electoral Commission. This is after the High Court in Kampala declared Ndawula bankrupt in petition no.03/2020 filled by Hiraa Traders (U) Limited.
Byabakama said that according to article 80(2) (d) of the 1995 Constitution and section 4 (2) (d) of the Parliamentary Elections Act, a person is not qualified for election as a Member of Parliament if that person has been adjudged bankrupt.
Byabakama added that accordingly Ndawula’s nomination is cancelled and directed the returning officer for Luwero to take action.
Ndawula’s trouble stemmed from failure to pay a disputed 223 Million Shillings to Hiraa Traders after acquiring two cars on credit. In 2012, he was dragged to court over non-payment and in 2015, Court ordered Ndawula to pay 542.3 Million Shillings in interests, court costs and damages to the company.
In December 2020, High Court in Kampala presided over by Justice Duncan Gaswaga declared Ndawula bankrupt after he failed to pay the money.
However, Ndawula has now petitioned the Court of Appeal challenging the ruling that declared him bankrupt and wants a stay of its execution.
Ndawula says that that the Court declared him bankrupt without following the procedures as stipulated in the law.
He explained that the Court never sought a statement of affairs to establish whether he could pay the debt or not.
He added that he was not served notice of the bankruptcy and it’s irregular to declare him so yet there is still the main appeal challenging the award of 542.3 million shillings to the company.
The Court of Appeal is expected to hear the application on Tuesday.
Troubles for Ndawula are not yet over, Equity Bank has also sold his schools of Everest College located in Luwero town to his political rival Denis Sekabira the National Unity Platform-NUP Candidate in Katikamu North MP race.
Equity Bank through CL Risk Management Services put the Everest Colleges comprising of Primary and Secondary schools on sale after he failed to pay a loan amounting 800 Million Shillings which he acquired.
Ndawula has again petitioned the Criminal Investigations Directorate which has since summoned Denis Sekabira to appear before officers at Luwero Central Police Station to answer charges of fraud and uttering false documents in the acquisition of the school.
Sekabira is expected to appear with Equity Bank manager Sam Kirubi to defence themselves over the offences on Wednesday.
Ndawula alleges that Sekabira didn’t have money to buy the property but instead the Bank advanced him a loan using the title he had not acquired which is irregular.
He added Sekabira is alleged to have bought the school at 1.3 Billion Shillings but while they were transferring land title to his names, Equity bank declared only 898 million shillings at Bukalasa Landa Office to defraud the government in taxes.
He also challenges the transfer of his land title to a new buyer without notice to him and removing a caveat illegally.
Denes Sekabira has confirmed receiving the summons but advised Ndawula to sort his issues with the bank not him because he followed the legal process to acquire his property.
Ndawula is contesting with five other candidates in the race. They include Gaddafi Nasur (NRM), Fredrick Makaire (Independent) Charles Ssebyala, Kizza Ronald Ssenyange (Independent) among others.
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