8 trillion worth of Uganda money locked up in commercial courts


 

BY PAUL TENTENA

Uganda Bankers Association has welcomed the Government of Uganda's move to institute alternative dispute resolution mechanisms as it will free up the over Ush8 Trillion locked up in commercial courts as a result of delays in resolving disputes.

Wilbrod Owor, the Uganda Bankers Association Executive Director who was speaking during the First High Level National Dispute Resolution Summit held at the Mestil Hotel in Kampala said the quicker disputes can be resolved, the better for the business community.

“Currently, we have over Ush8 trillion dormant money locked up in the Commercial Court. How quickly disputes can be resolved, the better for us.

“Challenges of fighting battles even where business people can cut losses. Quickly cut losses and proceed to doing business,” said Owor.

Owor said they have witnessed scenarios where the same case is filed in different courts like the Family Division, Commercial Division and even the Criminal Division unnecessarily tying up capital in courts that would rather be running the economy.

“With this Alternative Disputes Resolution Mechanism, there are no legal fees paid or involved hence saving that expenditure on the business community. We highly welcome the ADR strategy as businesspeople,” said Owor.

Geoffrey Kiryabwire, a Justice of the Court of Appeal at the same function urged the law fraternity to reduce on the technicalities and embrace the Alternative Disputes Resolution mechanisms or mediations.



“ADR mechanisms will be admitted as consent judgements. However, ADR will not settle criminal offenses,” said Kiryabwire.

Uganda’s Minister for Justice and Constitutional Affairs Norbert Mao said the country is in the advanced stages of introducing a policy to regulate alternative dispute resolution.

Alternative Dispute Resolution -ADR is a mechanism of settling conflicts amicably without necessarily going to courts of law.

He said that they are planning to regulate how the disputes should be handled and that the government has already drafted a policy to this effect.

“Very soon, I will be tabling the Alternative Dispute Resolution Mechanism before Cabinet for discussion and approval.

“Citizens should embrace alternative ways of settling disputes such as reconciliation, mediation small claims procedure, and plea bargaining in criminal matters, the judiciary is suffering from case backlog,” said Mao.

Mao said about 220 Ugandan individuals have been trained in arbitration and mediation and some arbitration centres have been accredited by the law council of Uganda.

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