I am shocked and saddened by the demise of this legal giant. I remember him for being bruntly spoken, confident, well researched and prepared in court. I revered having him on the opposite side. On many occasions, we had hot legal quarrels in courts.
One dramatic one was when we appeared before Justice Ouma (Rip) for an application. Dr. was for the applicant and I was for the respondent. Naturally, he was the first to submit. He cited two authorities in support of his application.
In reply, I distinguished his two authorities and rendered two opposite ones in favor of the Responent. Justice Ouma seemed to agree with me. He then, characteristically (for those who can remember him) shot a barrage of questions at Dr. Byamugisha challenging him to justify and uphold his submission. This did not auger well with the Dr. Infuriated, he gathered his files and unceremoniously stormed out of the chambers, telling the judge that if that was his understanding of the law, then he had no more time to waste with us.
In his ruling dismissing the application in my favor, the judge castigated him badly for what he termed “unbecoming conduct for a senior advocate”. Though I won the application, I was later to discover that I and the judge were wrong and Dr. Byamugisha was right. This drama made me sad and worried. I had great respect and admiration for Dr Byamugisha and looked to him as a role model. I feared we had become enemies. Little did I know the Mukiga in the Dr. (Real Bakiga rarely habour grudges). This was to be proved two days after the stormy session when, I received a surprise call from the Dr.
In his deep and cranky voice, he asked “Rukutana, where are you”? I could hear some warmth in the voice. I answered I was in my Chambers. Then he ordered; “ can you quickly come to my office”.
Trembling and not knowing why the man would call me to his office when we had had a debacle only the other day, I rushed to his office, to find him waiting for me with a huge file in front of him.
He gave me a serious look and told me he, as Chairman of Uganda Posts and Telecommunications together with the Corporation Secretary, Madam Timarwa had been jointly sued with the Corporation, and that they had decided that I represent all the three defendants. I was very happy but surprised. I had mistakenly thought that the man didn’t like me, or looked down upon me. I started wondering how, of all the great lawyers in town then, he could choose me to represent him and the then mighty UPT.
Such thoughts sent a chill down my spine. I wondered whether I would measure up to the task. I knew the Dr. as a no nonsense and legally grounded person. I was not sure I would satisfy him.
I think he could see my anxiety, because, all of a sudden, he said, “don’t worry, I trust you, and I will be with you”.
After taking me through the voluminous file, he instructed me to go and prepare draft pleadings for his approval the following morning. That night, I didn’t sleep at all. I burnt the candle all night and, tremblingly, presented to him a handwritten draft in the morning. I had been briefed that Dr had a habit of crossing and trashing any documents from his assistants that he found unfit. So I entered his office unsure of what would befall my draft. My anxiety was aggravated by the way the draft was received. There was a pen holder containing several pens on the table. When Dr. started reading the draft, he, without looking at the pen holder picked a pen. He immediately realized it was blue, then put it back and selectively picked a red one. I knew the draft was going to be crossed in red and trashed. I was now shaking and sweating.
Surprisingly, he read through slowly and carefully. I could see him adding punctuations and correcting spellings. I could see he was not making any substantial additions or deletions. It was a great relief when he finished reading and stared at me saying;“this is good, go have it typed and filed this morning”.
He asked me about my fees. I told him a figure. Without any qualms, I had my cheque in my hands in less than five minutes. I was happy to defend and win the case.
From then, the great lawyer became my friend and consultant.
We would meet at Kampala Club whenever he wanted to see me. He was a member and I was not. This occasionally brought us momentous “quarrels” whenever I attempted to offer a drink. He would sternly order me to put back my money in my pocket, that I could not buy a drink when I was not a member. He would then do all the buying.
We at one time mooted working together, but then I was blown away by the bizarre political winds. I join the country and in particular, the legal fraternity to mourn and eulogized this great man and thank God for the rich legacy he has left behind.
Note: The author is the Minister of State for Gender, Labour and Social Affairs
One dramatic one was when we appeared before Justice Ouma (Rip) for an application. Dr. was for the applicant and I was for the respondent. Naturally, he was the first to submit. He cited two authorities in support of his application.
In reply, I distinguished his two authorities and rendered two opposite ones in favor of the Responent. Justice Ouma seemed to agree with me. He then, characteristically (for those who can remember him) shot a barrage of questions at Dr. Byamugisha challenging him to justify and uphold his submission. This did not auger well with the Dr. Infuriated, he gathered his files and unceremoniously stormed out of the chambers, telling the judge that if that was his understanding of the law, then he had no more time to waste with us.
In his ruling dismissing the application in my favor, the judge castigated him badly for what he termed “unbecoming conduct for a senior advocate”. Though I won the application, I was later to discover that I and the judge were wrong and Dr. Byamugisha was right. This drama made me sad and worried. I had great respect and admiration for Dr Byamugisha and looked to him as a role model. I feared we had become enemies. Little did I know the Mukiga in the Dr. (Real Bakiga rarely habour grudges). This was to be proved two days after the stormy session when, I received a surprise call from the Dr.
In his deep and cranky voice, he asked “Rukutana, where are you”? I could hear some warmth in the voice. I answered I was in my Chambers. Then he ordered; “ can you quickly come to my office”.
Trembling and not knowing why the man would call me to his office when we had had a debacle only the other day, I rushed to his office, to find him waiting for me with a huge file in front of him.
He gave me a serious look and told me he, as Chairman of Uganda Posts and Telecommunications together with the Corporation Secretary, Madam Timarwa had been jointly sued with the Corporation, and that they had decided that I represent all the three defendants. I was very happy but surprised. I had mistakenly thought that the man didn’t like me, or looked down upon me. I started wondering how, of all the great lawyers in town then, he could choose me to represent him and the then mighty UPT.
Such thoughts sent a chill down my spine. I wondered whether I would measure up to the task. I knew the Dr. as a no nonsense and legally grounded person. I was not sure I would satisfy him.
I think he could see my anxiety, because, all of a sudden, he said, “don’t worry, I trust you, and I will be with you”.
After taking me through the voluminous file, he instructed me to go and prepare draft pleadings for his approval the following morning. That night, I didn’t sleep at all. I burnt the candle all night and, tremblingly, presented to him a handwritten draft in the morning. I had been briefed that Dr had a habit of crossing and trashing any documents from his assistants that he found unfit. So I entered his office unsure of what would befall my draft. My anxiety was aggravated by the way the draft was received. There was a pen holder containing several pens on the table. When Dr. started reading the draft, he, without looking at the pen holder picked a pen. He immediately realized it was blue, then put it back and selectively picked a red one. I knew the draft was going to be crossed in red and trashed. I was now shaking and sweating.
Surprisingly, he read through slowly and carefully. I could see him adding punctuations and correcting spellings. I could see he was not making any substantial additions or deletions. It was a great relief when he finished reading and stared at me saying;“this is good, go have it typed and filed this morning”.
He asked me about my fees. I told him a figure. Without any qualms, I had my cheque in my hands in less than five minutes. I was happy to defend and win the case.
From then, the great lawyer became my friend and consultant.
We would meet at Kampala Club whenever he wanted to see me. He was a member and I was not. This occasionally brought us momentous “quarrels” whenever I attempted to offer a drink. He would sternly order me to put back my money in my pocket, that I could not buy a drink when I was not a member. He would then do all the buying.
We at one time mooted working together, but then I was blown away by the bizarre political winds. I join the country and in particular, the legal fraternity to mourn and eulogized this great man and thank God for the rich legacy he has left behind.
Note: The author is the Minister of State for Gender, Labour and Social Affairs