By Our Reporter
The Commercial Court Division of the High Court has thrown out a miscellaneous application No.0671 of 2022 in which Patrick Bitature; the proprietor of Simba Properties Investment Co. Ltd and Simba Telecom sued Robert Kirunda, Noah Shamah Wasige, Festus Katerega and the Commissioner Land Registration for advertising his properties for public auction in the Daily Monitor news paper.
The properties advertised for sale by public auction on 18th May 2022 of the newspaper were Elizabeth Apartments in Kololo, Protea Hotel Naguru commonly known as Skyz Hotel, and Moyo Close Apartments, Kololo gardens all within Kampala city suburbs. The three respondents sought to recover over USD32m as an overdue debt which Patrick Bitature owes Vantage Mezzamine Fund II Partnendship.
In December 2014, Patrick Bitature borrowed USD10m Dollars from Vantage Mezzamine to expand his business empire through real estate investments.
Presiding Judge Stepehen Mubiru on Wednesday 15th June 2022 ruled that the application and the underlying suit was entirely misconceived on account of the fact that they were instituted against agents of a known principal, and on ground that the matters placed an issue in the suit are already the subject of a subsisting arbitral process.
“…I found that a prima facie case had not been established. There were no serious questions of law and fact to be tried by this court to justify the grant of a temporary injunction. The application was thus dismissed with costs to the respondents and the underlying suit was struck out with costs to the defendants,” he ruled.
A prima facie is a legal decision that shows that something is correct and not needing proof unless evidence to the contrary is shown. In this case Court found out that the business mogul borrowed money from Vantage Mezzamine in 2014 to expand his business empire, and that he defaulted on the loan repayment agreement which entered into with the South African Company.