Matooke Republic
Sunday, August 3, 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

Court moves to compel BoU and DFCU to pay former Crane Bank employee who won a Shs82m case against DFCU

Matooke Republic by Matooke Republic
May 25, 2019
in News
Reading Time: 4 mins read
Share on FacebookShare on Twitter

Court has moved to compel Bank of Uganda and DFCU Bank to pay Shakil Pathan Ismail, a former employee of the defunct Crane Bank Limited who won a Shs82m case against DFCU Bank in January. Shakil sued the bank for unlawfully blocking/deducting Shs62m from his account.  

Since the ruling delivered by the Head of the Commercial Court, Justice David Wangutusi who ordered DFCU to pay Shakil his Shs62m, which also attracted 21 per cent interest per annum from April 2016 on till payment is made in full, no action has been taken to the effect.

Wangutusi had also awarded damages of Shs20m and also ordered the bank pays a further 6% interest on damages from the date of judgement till the amount is fully paid.  The judge also ruled that DFCU meet Shakil’s costs of the suit. Shakil is yet to receive his payment more than four months after the ruling and has made an application to court, to ensure he receives his payment.

RELATED POSTS

Over 65,000 applicants disqualified in ongoing UPDF recruitment drive

Man posing as UPDF General arrested for defrauding foreign investors of billions in fake deals

Hence, on Friday, May 24, High Court deputy registrar Flavia Nabakooza commanded both Bank of Uganda and DFCU Bank to appear before court on June 4, to show cause why their accounts should not be attached.

The money is held by BoU as the garnishee and DFCU bank is the debtor.

“An order Nisi doth issue against the garnishee to appear before this Honourable Court on the 4th day of June, 2019 at 11.30am to show cause why the money it holds on the judgment debtor’s account should not be attached and paid to the judgment creditor,” Nabakooza wrote.

The costs of Shakil’s application to have his money paid are to be met by DFCU.

Background

In 2017, Shakil sued DFCU Bank for the recovery of Shs62m, which he said the bank unlawfully blocked/deducted from his salary account.

In their defence DFCU contended that they are not successors in title to Crane Bank Limited but only acquired some of its assets and liabilities in 2 January 2017.

However in his January 2019 judgement, Wangutusi ruled that Shakil was not privy to the Purchase of Assets and Assumption of Liabilities Agreement Purchase of Assets and Assumption of Liabilities Agreement and that legally DFCU assumed the position of Crane Bank when she took over the Bank.

“This position is buttressed by the Employment Act. Section 28(2) provides;

‘Where a trade or business is transferred in whole or in part, the contracts of service of employees employed at the date of transfer shall automatically be transferred to the transferee, all rights and obligations between each employee and the transferee shall continue to apply as if they had been rights and obligations concluded between the employee and transferee.’

 The relationship between the Plaintiff and Crane Bank simply shifted to DFCU by operation of the law. This position would however have been changed if the Plaintiff had been privy to the Purchase of Assets and Assumption of Liabilities Agreement,” Wangutusi ruled.

While awarding interest, Wangutusi ruled that; “It is without doubt that the defendant kept the plaintiff (Shakil) out of use of his money. The bank must have used this money for commercial purposes. It is also without doubt that if the plaintiff had borrowed that money from the bank, he would have paid it back at commercial interest rate. What is good for the goose should also be good for the gander.”

The ruling meant that DFCU Bank can suffer all the previous liabilities inherited from Crane Bank provided the victims of these liabilities were never privy to the purchase of Crane Bank assets and liabilities.

Related

Tags: BoUCommercial CourtDFCU
Share1Tweet1Send
Matooke Republic

Matooke Republic

Freshly peeled info from area code 256

Related Posts

Full Ruling as London Court throws out dfcu amendment attempt in Crane Bank case

by Matooke Republic
6 days ago

...

Sudhir scores legal victory as London Court dismisses key dfcu evidence in Crane Bank dispute

by Matooke Republic
1 week 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
2 years ago

...

15 Dfcu staff throw in towel in just one month

by Matooke Republic
2 years ago

...

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

by Matooke Republic
2 years ago

...

Next Post

The budget is not for the people, it's centered to benefit President Museveni- Hon Ssewungu speaks out

Rajiv Ruparelia to make his Autocross debut this Sunday, says his main focus is to finish the rally

RECOMMENDED

Sheilah Gashumba & DJ Dash bring Ugandan energy to Don Julio’s World Tequila Day Island Affair

August 1, 2025
Lwasa and Desire Luzinda during their sweet old days together.

Lwasa to Desire Luzinda: “Take care of your man like you took care of me”

August 1, 2025
  • 643 Followers
  • 23.9k Followers

MOST VIEWED

  • Here is how to use NIRA’s new online portal to register or renew your national ID

    4113 shares
    Share 1645 Tweet 1028
  • Muhoozi’s son Ruhamya joins the army as a Private

    116 shares
    Share 46 Tweet 29
  • Police release audio of prime suspect in murder of Entebbe elderly couple, offer Shs50 million reward for information leading to arrest of attacker

    115 shares
    Share 46 Tweet 29
  • Gen. Katumba Wamala’s son weds Gen. Hudson Mukasa’s daughter

    77 shares
    Share 31 Tweet 19
  • How to buy tickets for CHAN 2024 matches in Uganda

    75 shares
    Share 30 Tweet 19
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.