A Chinese Road construction firm, China Railway No3 Engineering Group Company Limited has been sued for allegedly failing to pay its lawyers’ fees worth more than Shs6.4 billion.
In a case filed before the High Court, lawyers of M/s Muwema and Company Advocates are seeking payment for instructions to prepare and file the company’s applications for administrative review of the evaluation process and decisions in regard to various road works and street light installations in the Midwestern regional districts.
Court documents indicate that the China Railway No3 Engineering Group Company Limited, being dissatisfied with the decisions of accounting officer, instructed Muwema and Company Advocates to file a complaint on the Administrative Review decision before the executive director of PPDA which was filed on February 8 this year and a decision was delivered on March 11.
“Subsequently dissatisfied with the decision of the authority, the applicant with instructions from the respondent (company) filed an appeal to the PPDA Appeals Tribunal against the decision of the PPDA on March 18. The applicant (law firm) diligently performed and carried out the instructions professionally until the applicant was instructed by the respondent to withdraw the appeal filed with the PPDA appeals tribunal which the applicant consequently did,” reads the application.
It is alleged that the law firm was at all times duly instructed in December 2020 by the company to apply for administrative review, the subsequent complaint and appeal in respect of reviewing the decisions of the administrative unit of Hoima Town Council by the accounting officer and the Public Procurement and Disposal of Public Assets Authority (PPDA) and the PPDA appeals tribunal.
The lawyers’ work was in regard to procurement for construction of road works in the cities/ municipalities of Kasese, Hoima and Fort Portal and additional street light installations under the USMID-AF programme.
Ugandan enterprises urged to explore regional oil and gas opportunitiesIt is alleged the company was duly served with a demand notice for payment of more than Shs6.4 billion which was contained in the itemised Advocate-client bill of costs in respect of the legal services extended by the complaining law firm.
In a sworn statement, Friday Roberts Kagoro a lawyer at the law firm states that upon being declared unsuccessful bidder in the procurement for construction of road works in the cities/ municipalities of Kasese, Hoima and Fort Portal and installation of street lights under the USMID-AF programme.
He contends that the Chinese Company confirmed its authorisation to the law firm in regard to the matters handled and that its officials attended some of the hearings in respect of the applications and or appeal for administrative review of the evaluation process which were conducted virtually in the law firm offices.
“That the applicant firm has always represented the respondent (company) as its advocates in other work such as ‘Package 5 civil works for the upgrading of Kinoni-Sembabule-Vila Maria Road,” states Mr Kagoro adding that the company at all times knew that the law firm had to be paid its legal fees for the services extended as required by law.
Meanwhile, the Civil Division of the High Court has set June 15 this year for hearing of an application in which the law firm of Muwema and Company Advocates is seeking for permission for court to tax the lawyer’s bill against the client.