Nyarugenge Intermediate Court on Wednesday heard the appeal case involving a popular Ugandan television personality, in which he is accused of illegal transactions and breach of trust.
The case involves the Ugandan national, David Junior Kazoora, and prosecution, while the local entertainment firm, Buddies Production (R) is a third party claiming damages over losses made out of Kazoora’s misdeeds.
Buddies Production (R) is represented by Davis Kagenza, Kazoora's former partner.
The case is on appeal level and the appeal was lodged by Kazoora, after Nyarugunga Primary Court in Kicukiro District convicted him of fraud and ordered him to pay over Rwf87 million, both in damages and losses caused.
Kazoora was accused and convicted of undercutting his partner by creating a parallel company, apparently bearing the same features, ‘Buddies TV Ltd’ and duped a client to award a tender to the new company, thereby fleecing his partner of the dividends.
Airtel Rwanda, which had commissioned two promotional tender deals for its ‘Birahebuje’ campaign, contracted Buddies Production (R) Ltd in the first edition but later mistakenly worked with Buddies TV Ltd, according to prosecution.
Appearing before court, Kazoora stated that his appeal seeks to contest the earlier decision because the court disregarded all evidence he had produced, which attested to the fact that he procured the tender through legally acceptable channels.
He maintained that Kagenza had no basis to claim any damages because he was not party to the company that was awarded the tender.
“There is no confusion whatsoever between the two companies, they are all registered by Rwanda Development Board and they bear different profiles, if that was indeed the case Airtel wouldn’t have effected payments,” he said.
Because the case is criminal in nature, Kazoora is up against prosecution while Kagenza appeared as a third party seeking damages.
During Wednesday’s hearing, the prosecutor emphasized that Kazoora committed offences related to intellectual property, and it amounted to fraud with an aim of fleecing a former shareholder.
Representing Kagenza, lawyer Safari Kizito informed court that his client had every right to claim damages should the accused be convicted of the said crimes.
“Kazoora himself created a new company to carry out similar activities, he changed bank accounts on which the client paid the money; what could be the motive if it was not about misleading and bringing confusion with an aim of ensuring the Airtel money does not reach his shareholders?” said Kizito.
The court’s decision will be pronounced on May 26.