The Court of Appeal has intervened to prevent the sale of several valuable properties owned by businessman Haruna Sentongo in the Kampala city suburb of Mengo.
Sentongo’s properties, located in Block 12, plots 538, 826, and 898, include a market facility. The court ruling, dated April 19, 2024, ordered Diamond Trust Bank Uganda and Kenya Limited to refrain from selling or interfering with the properties until a pending appeal is resolved.
Justice John Oscar Kihika, who delivered the ruling, acknowledged that Sentongo had presented compelling arguments warranting the temporary injunction. The injunction prevents the bank from taking any actions regarding the properties until the appeal process concludes.
The judge emphasized the significance of the questions raised by Sentongo’s appeal, indicating that they merit thorough examination by the court. He further noted that Sentongo had demonstrated a strong case requiring judicial consideration.
The court observed that the initial lawsuit brought by Sentongo had not been fully heard on its merits due to procedural issues. Despite the dismissal of the case at the trial court level, the Court of Appeal recognized the importance of ensuring that Sentongo’s right to a fair hearing, as guaranteed by the Constitution, is upheld.
Sentongo argued that the delay in filing necessary documents for the trial was due to various legal procedures, including amendments to his claim and requests for additional information from the bank. Justice Kihika highlighted the potential irreparable harm Sentongo could suffer if denied the opportunity to present his case effectively.
Noting Sentongo’s current possession of the disputed properties, which house commercial tenants, the court concluded that he would face significant prejudice if the properties were sold during the legal proceedings. The judge reasoned that maintaining the status quo favored Sentongo’s interests.
During the court proceedings, Sentongo was represented by lawyer Derrick Bazekuketta, while the bank was represented by lawyer Stephen Zirnula.
The decision of the Court of Appeal represents a temporary reprieve for Sentongo as he continues his legal battle to safeguard his valuable assets in Kampala.
