The summary of facts of the claim of compensation of funds Emmanuel Hatangimbabazi demands from Kampala City Lawyer Edward Sekabanja Kato

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A business man one Emmanuel Hatangimbabazi and others filed High Court Civil Suit No. 719 of 1997 in the High Court at Kampala against the Attorney General claiming money for recovery of their value of motor vehicles which were unlawfully illegally impounded by soldiers of the Uganda Peoples Defence Forces (UPDF) and special damages constituting loss of earning and for costs of the suit.

It is around 30 years down the road he has never been fully compensated since government released his payment to a wrong person, the city lawyer Edward Sekabanja Kato. It remains strange how the Ministry of finance sent Hatangimbabazi’s funds to  Mr. Sekabanja who is stuck with it as if forever.

And his present case of recovery of compensation funds totaling to about sh800 million is be pursued through a High Court case; HIGH COURT CIVIL SUIT NO. 0304 OF 2025. The case is before Lady Justice Joyce Kavuma.

The fact of the case;

1. Emmanuel Hatangimbabazi and others filed High Court Civil Suit No. 719 of 1997 in the High Court at Kampala against the Attorney General claiming money for recovery of their value of motor vehicles which were unlawfully illegally impounded by soldiers of the Uganda Peoples Defence Forces (UPDF) and special damages constituting loss of earning and for costs of the suit.
2. On 2^nd September, 2005, a consent judgment in HCCS No. 719 of 1997 was entered in favour of Emmanuel Hatangimbabazi and which was confirmed by subsequent applications and appeals arising therefrom.
3. On 16^th September, 2019, a consent variation judgment/ order was entered into between Emmanuel Hatangimbabazi and others and the Attorney General where it was confirmed that Emmanuel Hatangimbabazi along with Felesi Leonidas and Janvier Busogi were entitled to payment in the sum of Ugx. 6,062,949,441/= due from the Government of Uganda as compensation arising from the consent judgment entered into vide H.C.C.S. No. 719 of 1997.
4. Emmanuel Hatangimbabazi, along with Felesi Leonidas and Janvier Busogi were represented by the Defendant through his law firm of M/s Sekabanja & Co. Advocates which was mandated to receive the compensation payment due to Emmanuel Hatangimbabazi and the said Janvier Busogi.
5. Sometime in 2020, Emmanuel Hatangimbabazi changed their instructions from M/s Sekabanja & Co. Advocates to M/s Twikirize & Co. Advocates and by a letter to the Permanent Secretary Ministry of Finance, Planning and Economic Development and copied to the Defendant dated 4^th November, 2019, he indicated his desire to receive his compensation payment be made through his new lawyers.
6. By a letter dated 4^th November, 2019, the Respondents were subsequently notified about the said change of instructions and clearly indicated that their compensation payment should be channeled through their new lawyers of M/s Twikirize &Co. Advocates as opposed to their former lawyers of M/s Sekabanja and Co. Advocates.
7. On 3^rd February, 2020, the Applicant, along with Emmanuel Hatangimbabazi and Janvier Busogi issued a complaint to the Solicitor General over the continued machinations by the Defendant to receive payment despite the wishes of his former Clients.
8. In response to the said complaint, the Defendant by his letter to the Solicitor General dated 4^th February, 2020 opposed the said change of instructions insisting that the consent variation judgment/ order must be complied with.
9. On 5^th February, 2020, the Solicitor General in his opinion to the Permanent Secretary of Ministry of Finance, Planning and Economic Development guided that given the change of instructions, the compensation payment due to the Applicant, along with Emmanuel Hatangimbabazi and Janvier Busogi, ought to be made through their new lawyers of M/s Twikirize and Co. Advocates and that the Defendant should be paid his legal fees equivalent to 10% of the decretal sum.
10. Sometime in the first week of August, 2020, the Government of Uganda through the Ministry of Finance, Planning and Economic Development released the initial payment due to the Applicants in the sum of Ugx. 1 Billion to the Defendant’s bank account, despite Emmanuel Hatangimbabazi earlier change of instructions.
11. By a letter dated 13^th August, 2020, the Permanent Secretary of Ministry of Finance, Planning and Economic Development acknowledged that the said payment to the Defendant had been made in error and that all subsequent payments would be effected through M/s Twikirize and Co. Advocates.
12. On 10^th September, 2020, a harmonization meeting was convened between the Defendant and Mr. Timothy Twikirize of M/s Twikirize and Co.Advocates wherein it was agreed that M/s Sekabanja & Co. Advocates would receive the payment due to Emmanuel Hatangimbabazi, Felesi Leonidas and Janvier Busogi, which would then be forwarded to M/s Twikirize and Co. Advocates for onward transmission to the respectiverecipients.
13. The above position was also confirmed by the Solicitor General in his letterto the Permanent Secretary/Secretary to the Treasury dated 23^rd September, 2020.
14. Since then, Emmanuel Hatangimbabazi has only been paid the sum of Ugx. 945,000,000/= (Uganda Shillings Nine Hundred Forty-Five Million Only) leaving an outstanding balance of Ugx. 714,276,520/= (Uganda Shillings Seven Hundred and Fourteen Million Two Hundred Million Seventy-Six Million Thousand Five Hundred Twenty Only) which the Defendant is holding onto, without any lawful justification.
15. By a letter dated 22^nd May, 2024, the Permanent Secretary of the Ministry of Finance, Planning & Economic Development to M/s Twikirize and Co. Advocates that all payments arising from Misc. Application No. 500 of 2019 and all matters thereunder had already been effected to the Defendant.
16. The conduct by the Defendant of receiving the said compensation payment and refusing to remit it to the rightful beneficiary is tantamount to acting fraudulently and/ or improperly in the discharge of his professional duties as an Advocate.
17. Since then, Emmanuel Hatangimbabazi has sought to recover his full payment from the Defendant without success.

The case is yet to be heard and determined by the Court but efforts to reach Mr. Sekabanja and team for a comment were futile.

It remains unclear whether he (Mr. Sekabanja) plans to pay his former client who is aging and would wish to enjoy the fruits and sweat of his youthful labour.