The Commercial Division High Court Judge, Justice Stephen Mubiru, has ordered Lawyer Fred Muwema to pay costs of an application where he was seeking a temporary injunction on behalf of his client Patrick Bitature alongside his companies; Simba properties Co. Ltd, Simba telecom among others against Vantage and it’s agencies from commencing any private prosecution or legal action until final disposal of a pending contempt of court case.
The judge condemned Muwema 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 to bear costs. The costs of this application must be met personally by counsel on record for the applicants,” Justice Mubiru said.
Justice Mubiru 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.
Court documents show that in December 2014, Simba Properties Ltd and Simba telecom, executed an agreement with Vantge Mezzanine in which they borrowed unspecified sums of money.
Justice Mubiru further dismissed the businessman’s application for “lack of legal basis”.
He noted that Bitature alongside his companies; Simba properties Co. Ltd, Simba telecom can be privately sued by Vantage Mezzanine Fund II partnership in a bid to recover its loan.
“The applicants’ need for such protection must be weighed against the corresponding need of the respondents 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. The application catastrophically lacks a legal basis. Consequently, the application is hereby dismissed.” Ruled Justice Mubiru.
Below is the full ruling.
