Embattled Somali national Omar Faruk Osman Nur, who sued Uganda Journalist’s Union (UJU) General Secretary Mr Stephen Ouma Bwire, has lost Round One of the case.
Omar Faruk must deposit Uganda shillings 20 million within 30 days before the main Suit No, 234 of 2012 can be heard. Omar Faruk Osman, who through Kampala Lawyers Isaac Kimaze and Company Advocates had filed an interim Order for an injunction restraining Stephen Ouma Bwire and his agents from disseminating further defamatory information on him until the main suit is heard and disposed of.
But Stephen Ouma Bwire through his Lawyers Messrs Kanyunyuzi and Company Advocates filed an application in Court for Security for costs totaling Uganda Shillings 50 million, contending that Omar Faruk is not a Ugandan national, has no permanent place of abode in Uganda or any known property or asset that the Applicant shall resort to upon Court dismissing the Respondent’s Suits. And that the said matters have no chance of success and yet the Applicant has been put and shall continue being out to colossal expenses defending them. “ That the ends of Justice will be better served once the Respondent is ordered to deposit security for costs,” noted Kanyunyuzi and Company Advocates Lead Counsel Gilbert Baguma.
Omar Faruk’s Lawyers Isaac Kimaze and Company Advocates submitted falsified affidavit and written submission to court that “ the applicant had failed to file a defence within the prescribed time and had thereby excluded himself from the jurisdiction of the court which was not true.
And in addition that the applicant had also failed submitted to court the bill of costs so far incurred in the administration of the suit, leaving Omar Faruk’s Lawyer’s with no option but to try and gamble their arguments by pleading with court to treat the case as a human rights matter whose security for costs under the Ugandan law on Constitutional and human rights matters is Uganda shillings 200,000/-.
Omar Faruk’ Lawyers also made false submissions that an interim order had been granted to the Respondent by the court in Miscellaneous Application No.416 of 2012, and which they wanted extended, yet that was the main matter for contention for which an application of Security for costs had been filed in court, culminating in the September 25,2012 ruling. High Court Deputy Registrar His Worship John Eudes Keitirima , ruled September 25, 2012 that Omar Faruk’s Lawyers had submitted false information that Stephen Ouma Bwire had not filed defences in the main suits and had not submitted a bill of costs incurred so far in the court proceedings.
He said” An absence also of a bill of costs is not fatal to this application as it is not a requirement of law to do so but just a recommendation. He therefore concurred with Stephen Ouma Bwire’s Lawyers Kanyunyuzi and Company Advocates that Omar Faruk’s lawyers had not contested in any way requests for security of costs. His Worship John Eudes Keitirima ruled : ” that much as the applicant requests for Uganda shillings 50 million as security for costs using my experience as a taxing master and exercising my discretion, I would consider Uganda shillings 20 million to be sufficient as Security for Costs in this case.
The said amount is to be deposited in Court within a period of 30 days from the date hereof. He added that costs of this application shall be in the cause. Reports from Mogadishu indicate Omar Faruk was recently voted out of office in disgrace by National Union of Somali Journalists (NUSOJ) allegedly for the same reasons for which he sued Stephen Ouma Bwire.
Omar Faruk claims the same defamatory remarks had affected and put on hold US Dollars 2 million grant from the Africa Capacity Building Foundation (ACBF).
Omar Faruk is Federation of African Journalists (FAJ) President, International Federation of Journalists (IFJ) Executive Committee member and Secretary General Eastern Africa Journalists Association (EAJA).
The main suit of the defamatory case No. 234 of 2012 shall be heard after 30 days when Omar Faruk Osman will have deposited in court Uganda Shillings 20 million as Security for costs. ENDS