KAMPALA: The Commercial Division of the High Court in Kampala has on Tuesday, May 24, 2022, dismissed an application filed by business tycoon Patrick Bitature seeking protection from being privately sued by South African firm Vantage Mezzanine Fund II partnership as it strives to recover a $10m loan it extended to the business mogul eight years ago.
Delivering the ruling, Justice Stephen Mubiru said the businessman’s application lacked legal basis.
Justice Stephen Mubiru’s ruling: “The applicants’ (Mr Bitature and his companies) need for such protection must be weighed against the corresponding need of the respondents (Vantage) to be protected against injury resulting from being prevented from exercising their own legal rights for which it may not be adequately compensated in damages if uncertainty were resolved in its favour at the trial.”
“Having done so, I find that the balance of convenience is in favour of the respondents (Vantage).” “The application catastrophically lacks a legal basis. Consequently, the application is hereby dismissed,” ruled Justice Mubiru.
The judge also condemned Bitature’s lawyer, Fred Muwema and ordered him to pay costs of the application for not having professionally advised the businessman and his companies not to institute such a case that catastrophically lacked a legal basis.
“…It qualifies as a rare and exceptional case where it would not be fair for the applicants (Mr Bitature and his companies) to bear costs. The costs of this application must be met personally by counsel on record (Mr Muwema) for the applicants,” Justice Mubiru condemned counsel Muwema.
The judge emphasized that if Muwema had exercised his legal competence and professionally advised his clients, the legal costs and wastage of time would have been avoided.