Pay Up Already: High Court Orders Chinese Construction Firm and a City Engineer to Cough Over UGX6 Billion into Muwema and Company Advocates` Coffers

There, at the High Court, in Kampala, a ruling was made! In a significant legal development, the Civil Division of the High Court in Kampala rendered a verdict on April 29^th, 2024, compelling China Railways N0.3 Engineering Group Co. Ltd and Eng. Mbazzi M. Joseph, to pay a staggering sum of UGX 6,046,486,917 to Muwema & Co. Advocates and Solicitors.

The ruling, issued by Hon. Justice Boniface Wamala, marks the resolution of a protracted legal battle over outstanding fees owed by the Chinese construction firm to the Ugandan legal entity. The genesis of this judicial saga traces back almost a decade, initiated by Muwema & Co. Advocates, who sought remuneration for legal services rendered to China Railways NO.3 Engineering Group CO. LTD.

The advocates lodged an application demanding payment based on an itemized advocate-client bill of costs. In the wake of the ruling, the legal fraternity, particularly City Lawyer Counsel Friday Roberts Kagoro, a partner at Muwema & Co. Advocates, welcomes the substantial award as a validation of their firm’s dedication and professional conduct throughout the litigation process.

Justice Wamala’s decree included several crucial orders, affirming Muwema & Co. Advocates’ triumph. Via Leave to Tax Costs, court granted Muwema & Co. Advocates permission to have their advocate-client bill of costs scrutinized by the taxing master of the Court. Atop this, the Chinese company is mandated to remit the taxed costs to Muwema & Co. Advocates.

Court further maintained that all costs associated with the application are to be borne by the Chinese team. However, Eng. Mbazzi M. Joseph, the 2nd Respondent, is accountable for his own costs, having derived benefits from the transaction. The ruling, delivered in the matter of Miscellaneous Cause No. 138 of 2021, highlights the meticulous scrutiny by the Court regarding the remuneration and taxation of costs between the involved parties.

The litigation revolved around five pivotal issues, including the nature of the legal representation and the subject matter of the procurement administrative review process. The application, spearheaded by Muwema & Co. Advocates, articulated compelling grounds in pursuit of their dues.

Notably, the legal firm was engaged by China Railways NO.3 Engineering Group CO. Ltd to challenge a procurement decision concerning road construction projects in various municipalities. Despite diligent execution of their legal obligations, Muwema & Co. Advocates encountered resistance in securing payment for their services. The firm’s persistent efforts culminated in a demand for UGX 6,046,486,917, supported by an exhaustive breakdown of incurred costs.

In light of the ruling, Justice Wamala’s decisive pronouncement brings closure to a protracted legal dispute, reinforcing the principle of contractual obligations and the due compensation for professional services rendered.

As the legal community reflects on the implications of this landmark judgment, it underscores the indispensable role of legal practitioners in upholding justice and accountability within Uganda’s construction industry. For reference, this mighty website broke this story in these pages on 11^th July 2023 running under the headline–Back Strike: Top City Lawyer Kagoro Moves to Squeeze UGX6Bn In Legal Fees from a Chinese Construction Company For their Efforts to Abuse His Profession

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Daniels N Tatya: Mr. Daniels N. Tatya is an affluent Sports Writer, Commentator and Editor. His over 15 years of covering almost major sporting events makes him a revered and an authority on investigative Sports journalism in Uganda. He can also be reached via [email protected] +256(0)758268315