Court dismisses Bitature’s application seeking protection from prosecution over loan
Businessman Patrick Bitature alongside his companies; Simba properties Co. Ltd, Simba telecom among others, can be privately sued by Vantage Mezzanine Fund II partnership in a bid to recover a loan it extended to the businessman eight years ago.
The businessman had run to the Commercial Division of the High Court in Kampala, seeking a temporary injunction against Vantage and it’s agencies from commencing any private prosecution or legal action until final disposal of a pending contempt of court case.
But in his ruling delivered this morning, Justice Stephen Mubiru dismissed the businessman’s application for “lack of legal basis”.
“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,” ruled Justice Mubiru.
Adding: “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.”
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