Court of Appeal halts sale of Patrick Bitature’s property

The Court of Appeal has provided protective cover against the advertising or auctioning of assets belonging to Simba Telecom and Simba Properties Investments associated with businessman Patrick Bitature.

In a ruling by Court of Appeal Judge Justice Christopher Gashirabake, Kampala Lawyers Robert Kirunda and Noah Shamah, along with Quick Way Auctioneers, have been stopped from attempting to sell the multimillion properties at the centre of a commercial dispute.

Justice Gashirabake, in his ruling following an appeal application filed under a certificate of urgency, ruled that the six properties will remain protected pending the resolution of ongoing legal matters.

“There is all evidence that there is a real threat of sale/ disposal of the property before determination of the main arguments of the jurisdiction of this Court can be determined. For this reason, I grant the Protective Order sought,” Justice Gashirabake ruled. He added, “Any further threat of sale or dealing in the advertised property is hereby stayed until the determination of the application of interim order of stay.”

Justice Gashirabake explained that the ruling is not meant to stop or interfere with the ongoing arbitration, which has to continue but to protect the properties subject to an international arbitration until the matter is concluded.

While welcoming the ruling, Bitature reiterated his confidence in both the Uganda justice system and international arbitration processes and confirmed his commitment to a speedy resolution of the commercial dispute.

“As a business, we are committed to having this business dispute resolved at the earliest opportunity. I also take this opportunity to reassure our clients and stakeholders and the general public that we will continue to operate our businesses and unreservedly serve the nation as we have done for the last 30 (thirty) years,” he said moments after receiving Justice Gashirabake’s ruling.

Mr Bitature, through his business ventures (Simba Telecom and Simba Properties), had moved to the Court of Appeal seeking a stay on orders earlier granted by High Court Judge, Justice Stephen Mubiru. The properties had been advertised for sale by the Kampala lawyers acting as Agents of Vantage Mezzanine Fund Limited.

However, Bitature’s Lawyers objected to the ruling, which they argued would disadvantage their client even as arbitration efforts progress. The lawyers had sought for the protective order to be granted under the Court of Appeal Rules to preserve the status quo.