Aideed Wants Ruling Quashed

June 11, 2004
Posted to the web June 11, 2004

Judy Ogutu
Nairobi

Somali factional leader Hussein Aideed wants the High Court to set aside a judgement which was entered against him over a Sh15 million debt owed to a businessman.

The debt arose following alleged breach of an agreement for physical reconstruction work in Somalia between businessman Ijaz Hussein Ganijee and Aideed in 1997.

Aideed wants the judgement set aside, claiming it was entered because his previous lawyers failed to inform him that they had not filed any defence to the suit.

He was making the application hardly a month after his release from civil jail over the debt.

Aideed was arrested at a Nairobi hotel, taken to court and jailed for 30 days.

The warlord, who doubles as a delegate and vice-chairman of Somali peace process, was released after depositing Sh5 million in the Milimani Commercial Court.

While arguing for his release at the time, lawyer Matthew Oseko said Aideed's continued stay in jail was creating panic and security problem for his supporters and peace process.

Aideed claims his previous advocates informed him during his visits to their offices that they had filed an application to temporarily stop all proceedings in the Sh15 million suit and refer the matter for arbitration as a way of settling the dispute.

Through Oseko, he says, the advocates failed to do as they had informed him and concealed from him the fact that judgement was entered against him on July 27, 1999.

They also did not obtain temporary orders stopping the proceedings in the case or an order referring the matter for arbitration, he adds.

His lawyer says he has "a very strong defence and counter claim" to the suit and failure by his former advocates to file it or temporarily stop the proceedings should not stop the case from being heard on its merits.

Justice Ibrahim ordered the matter to be heard inter parties on Monday.