City businessman Haruna Sentongo has suffered a setback in the legal battle to save his multimillion empire which is under threat of being auctioned by I&M Bank formerly Orient bank over a Shs10bn debt.
Justice Harriet Grace Magala of the Commercial Division of the High Court dismissed with cost the application filed by Sentongo seeking a court order staying taxation proceedings against him until the determination of his appeal at the Court of Appeal.
In his affidavit, Sentongo challenged the proceedings of taxation against him explaining that he challenged the order for payment of costs in his Appeal and he has secured the interim order staying the execution of the orders of the lower court.
He accused the bank of abusing the court process by filing the bill of costs which will irremediably prejudice to his appeal.
He pleaded with court to exercise its inherent powers to stay the execution proceedings of the bank’s bill of costs because if it is allowed, it is going to be a pivotal ground on his appeal and render the appeal nugatory and academic.
The bank protested the application through the affidavit in reply deposed by Cheguvera Mushemeza, the Legal Officer of the bank, stating that the application for stay of execution is an abuse of court process.
Mushemeza explained to the court that the court of appeal granted Sentongo a conditional stay but he failed to comply with it. He added that the court of appeal issued an interim injunction against the sale of the mortgaged property and an interim stay of execution of the Decree.
He explained that the Court partially allowed the application but declined to grant a stay of execution and it is the ground they based on to file and serve their bill of costs in the consolidated suits which was scheduled for taxation on the 7th June 2023.
He stated that prior to the taxation hearing date, Sentongo was invited for a pre- taxation hearing on the 5th June 2023 but he either declined or failed to attend.
In her ruling over the matter, Justice Magala explained that her court cannot entertain Sentongo’s application because he is in contempt of the court order issued against him.
“The applicant therefore came to court with unclean hands. For that reason, the court cannot exercise its judicial discretion in the Applicant’s favor unless he has purged himself of the contempt. In the result, this Application is dismissed with costs to the Respondent,” Justice Magala ruled.
Sentongo is challenging the decision by the Commercial Division of the High Court which dismissed his case challenging the bank’s action to auction his commercial property known as Segawa Market, on land situated on Kibuga Block 12 Plots 250 and 251, Kisenyi Kampala city over Shs10bn debt.
Court records indicate that in 2015, Sentongo approached the bank for a financial facility for completion of the commercial blocks for Segawa Market which was to be rented out to tenants to derive rental income.
Both parties executed a facility letter dated 22nd February, 2016, for a Loan of Shs5bn and it was agreed that the facility would only be serviced through rent collections from the market if the bank funded the development.
Sentongo claims that the bank breached the facility contract by failing to disburse the agreed sums of monies.
Court documents show that Sentongo told the Commercial Division of the High Court that the ban would purport to credit his bank account, and synonymously liquidate the loan, paying itself back immediately with the sums credited, and the sums it would repay itself were always reflected as “Loan amounts recovered”.
The bank on the other hand, according to court documents claimed that between February to October 2016, Sentongo was granted several loan facilities and at his request, they were consolidated into one term loan with a single monthly instalment amortized for a period of five years.
He however, failed to meet his loan repayment obligations consequent upon which the bank issued him two notices of default.
The bank further claimed that when they started the process of recovering their sum of Shs10bn, Sentongo decided to institute a lawsuit and was defeated at the High Court. He appealed at the higher court.
By Grapevine Reporters
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