Court of Appeal shields court proceedings in the Bitature Vs Vantage commercial dispute
Drake Nyamugabwa
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The Court of Appeal has gas granted relief to the commercial legal battle between Tycoon Patrick Bitature and Vantage Mezzanine Fund II Partnership through an interim order arbitration proceeding between Vantage Mezzanine Fund II Partnership and Simba Properties Investment.
This action shields against execution from Vantage Mezzanine Fund II Partnership in the commercial dispute that has been in court.
On April 12, 2024, Hon. Justice Oscar Kihiika, presiding as a single Justice of the Court of Appeal, issued an interim order staying arbitration halting the proceedings pending the hearing, determination, and final disposal of the substantive application for a stay of proceedings currently pending in the Court of Appeal.
While Justice Kihiika’s interim order grants a stay of proceedings and provides temporary relief to Bitature and his companies, the judge emphasizes that the applicants’ application met the necessary conditions for acceptance, including a competent notice of appeal, substantive application, and a serious threat of execution.
The court decision is a key development in the ongoing legal battle that originated from an agreement between Vantage Mezzanine Fund II Partnership and Simba Properties Investment, where Tycoon Patrick Bitature provided a personal guarantee for a loan leading to a series of legal battles between the parties.
Earlier this year, Joan Keko, the Chief State Attorney asked the Chief Magistrates Court at Buganda Road, presided over by Ronald Kayiizi to withdraw the criminal summons pending investigations.
“The criminal summons which were issued before the DPP took over and therefore they collapsed that is why we never applied for the extension of summons. We pray those criminal summonses are vacated until investigations are complete,” Ms Keko submitted.
Court then heard that a letter was written to police requesting them to start investigating the matter after the Directorate of Public Prosecutions (DPP) took over, however, later documents were received from the private prosecutor Robert Kirunda as per the previous court’s directive.
