The Court of Appeal, presided over by Judge Eva Luswata, has ruled against Akright Projects Limited in their appeal against H&L Exporters Uganda Ltd, concerning a debt amounting to 151 million shillings.
The conflict arose from the transaction involving the sale of a 10-acre land parcel valued at approximately 1.1 billion shillings, which resulted in an outstanding balance of 151 million shillings.
Represented by Tumusiime, Irumba & Company Advocates, Akright Projects Limited had sought to suspend the execution order, arguing potential substantial and irreparable loss on their part.
On the opposing side, H&L Exporters Uganda Limited, represented by Anguria & Company Advocates, contested the application, pointing to a consent judgment that obligated Akright to settle the specified sum, a commitment they failed to fulfill.
In her ruling dated February 23, 2024, Justice Luswata emphasized that the balance of convenience favored H&L Exporters Uganda Limited. She highlighted that despite being the prevailing party since July 2014, they had not received the expected remedy. Justice Luswata underscored the circumstances that strongly supported granting relief to the respondent.
“It is evident that the respondent, who was the successful party since July 2014, has been deprived of tangible remedy, despite owning the decree. In my view, under those circumstances, the balance of convenience is tilted strongly in their favor,” remarked Justice Luswata.
This ruling marks a significant setback for Akright Projects Limited in their efforts to contest the debt owed to H&L Exporters Uganda Limited.
