KAMPALA —Businessman Patrick Bitature has dismissed a sale advert in which bailiffs offered three of his palatial properties for sale by public auction, saying it was issued without any legal basis, and with malicious intent.
Bitature described the advert “a malicious advert” whose sole purpose is to alarm and cause irreparable damage to our client’s business and reputation.
According to the public notice, M/s Simba Properties Investment Co. Limited is the registered proprietor of Protea Hotel – Naguru SKyz, Elizabeth Royal Apartments and Moyo Close Apartments.
The said properties were advertised in the Wednesday newspaper by Quickway Auctioneers and Court Bailiffs purporting to offer the properties for sale upon the instructions of M/s Kirunda and Wasige Advocates.
In the advert, the bailiffs claim that they will proceed by public auction and or private treaty the mentioned property under the Mortgage Act 2009 unless the debtor/ Mortgagor pays the entire outstanding loan balance and all costs attendant to the client within 30 days from the date of the advert.
But through his lawyers of Muwema and Company Advocates who also represent Simba Properties Limited, the businessman states that the properties are not liable to be advertised for sale by any mortgagee purported to be represented by Kirunda & Wasige Advocates and Quickway Auctioneers and Court Bailiffs.
Bitature’s lawyers state that M/s Kirunda & Wasige Advocates used to act for Vantage Mezzanine Fund II Partnership, in a long-standing Commercial dispute with Simba Properties which was decided against them recently.
“The dispute was settled on May 9 2022 by Justice Musa Ssekaana of the High Court when he declared in Misc. Cause No. 205 of 2021 Vantage Mezzanine Fund II Partnership vs Simba Properties Investment Co. Ltd, that Vantage Mezzanine Fund II Partnership is a non-existent legal entity which had no locus standi to file the suit,” reads the public notice responding to the advert.
Butature states: “So, from May 9 2022, M/s Kirunda & Wasige Advocates ceased to have a client to act for and for that matter, they cannot claim to be instructed to take legal action of any form by or for the non-existent Vantage Mezzanine Fund II Partnership.”
According to the advert, the action taken by Kirunda & Wasige Advocates and Quickway Auctioneers and Court Bailiffs tends to disabuse the binding judicial authority which nullifies any masquerade of legal existence by Vantage Mezzanine Fund II Partnership when they unlawfully purport to resurrect it with legal personality rights, whereas not.
“The misguided and unprofessional conduct by the said lawyers and auctioneers undermines the authority of the courts of law to adjudicate disputes between the parties and is also in blatant disregard and contempt of court orders,” said Bitature adding; “business associates and the general public are informed and advised accordingly to ignore the impugned public notice.”
Meanwhile, the lawyers representing Bitature have revealed that their client has instructed them to exorcise the ghost of the non-existent Vantage Mezzanine Fund II Partnership by taking the appropriate compensatory legal action against its promoters, lawyers, Auctioneers and Monitor newspaper for the offensive publication.
On May 9, the court rejected a plea by lawyers representing the South African company that foreign partnerships are free to operate in Uganda outside the regulatory registration requirements.
The judge held that international partnerships just like the Ugandan partnerships cannot be recognized once they are not registered since their identities are unknown and it may open the door wide for fraud in their transactions and dealings.
“…the applicant (Vantage Mezzanine Fund II Partnership) has no legal presence and locus (capacity) to commence this application,” the judge ruled.