Kampala- A Kampala City businessman and Simba Telecom Limited are embroiled in a court battle over alleged breach of contract in connection with nonpayment of $445,000 (Shs1.6b).
In the case before the Commercial Court, Mr Nelson Lukozi is seeking to recover $445,000 from Simba Telecom Limited as balance from sale of his property on Plot 19 Market Street in Kampala.
Through his lawyers, Mr Lukozi contends that on December 13, 2000, he sold his land and developments thereon known as Platinum House at $800,000 (approximately Shs2.9b)and $200,000 (Shs714m) for the land and developments behind the said property to Simba Telecom Limited.
It is alleged that out of the said monies, $360,000 (Shs1.3b) was paid to Sekabanja and Company Advocates in settlement of the plaintiff’s judgement debt in a 2000 case and encumbrance on the said property while $195,000 (Shs696m) was paid to Mr Lukozi and dfcu Bank to release its claims on the property leaving a balance of $445,000 unpaid.
“The plaintiff (Lukozi) has made numerous demands to recover the said money but all efforts have come to naught as the said defendant (Simba Telecom) has omitted, neglected, ignored, failed and or refused to pay the same,” reads the court document.
However, Simba Telecom Limited, says that the case is misconceived, laughable, time barred and improper before the Court because it does not disclose a cause of action against it.
Through its lawyers, Simba Telecom Limited contends that Mr Lukozi executed transfer forms in favour of Simba Telecom Limited upon payment of the entire purchase price to become the registered proprietor thereof.
The case is pending hearing and determination after the accused company asked court to direct Mr Lukozi to deposit Shs100 million as security for costs it will incur in case it wins the case.