Justice Stephen Musota of the Supreme Court has dismissed the stay of the execution of the orders issued by three justices of the Court of Appeal against Chongqing International Construction Corporation (CICO) which is a Chinese company
The application was dismissed on technicality after the respondent Francis Kaahwa raised an objection against the application confirming to court that the applicant was on forum shopping revealing that he has filed two applications at the Court of Appeal seeking the same remedies he was praying for at the Supreme Court.
He Insisted that the said application is aimed at frustrating his efforts to benefit from his sweat and narrated how the former Principal Judge Justice Dr Flavian Zeija intervened into the matter after securing a court order freezing the bank accounts owned by the applicant in Stanbic Bank Uganda Limited and in other banks
The frozen bank accounts were No. 9030008014352, No. 0104013875800 and they were frozen after the intervention of the principal judge on condition that the Chinese company secures a bank guarantee from a reputable bank as the appeal proceeds which was done and Shs852m bank guarantee was made.
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They added that after losing the appeal, justice Florence Nakachwa who was appointed as a mediator on the prayers of the Chinese company to settle the matter out of court directed that they should first secure a bank guarantee of Shs1.2bn which they failed to execute after entering a consent agreement which resulted into unfreezing of their bank accounts
“The Affidavit in support of the Application, the Parties had one meeting where the Respondent’s offer was presented to the Applicant with full knowledge on both sides that the Applicant will revert with a counter offer in the next meeting. Unfortunately, the Applicant cut off communication once they achieved their desired result of having their bank accounts which had been attached released,” Kaahwa’s evidence affidavit reads.
He pleaded with court not to allow the application insisting that the applicant shall not suffer substantial loss and irreparable damage noting that in the event Court declares the Chinese Company successful, he is ready to refund the said amount of money.
Justice Musota dismissed the stay of execution application and advised Jiang Zhipeng, the one who swore the evidence affidavit on behalf of Chinese company to first exhaust the pleadings before Justice Nakachwa at the court of appeal who is presiding over their matter before proceeding to supreme court.
