NICHOLAS A
The High Court in Rukungiri has ruled in favor of Kinombe Nyaruzinga Construction Company Limited in a case filed by MUPA Technical Services Company Limited. The court declared Kinombe Nyaruzinga Construction Company Limited the rightful contractor and ordered that it be reimbursed for all costs incurred during the case.
The dispute originated from a contract signed on August 29, 2019, between MUPA Technical Services and Rukungiri District Local Government. MUPA had been awarded a contract worth UGX 2,090,390,500 (Two billion, ninety million, three hundred ninety thousand five hundred) for the construction of Kebisoni Seed Secondary School in Kebisoni Sub-county, Rukungiri District.
However, MUPA Technical Services failed to complete the work within the stipulated timeframe. As a result, the Solicitor General directed the Rukungiri Chief Administrative Officer (CAO) to terminate the contract and seek a new contractor to complete the project. The district subsequently re-advertised the contract, awarding it to Kinombe Nyaruzinga Construction Company Limited.
In response, MUPA Technical Services sued Rukungiri District Local Government over the contract termination and also took legal action against Kinombe Nyaruzinga Construction Company Limited, accusing it of forcefully taking over the construction site and expelling MUPA workers.
Presiding over the case, Justice Tom Chemtai ruled that MUPA Technical Services had no legal claim against Kinombe Nyaruzinga Construction Company Limited. He concurred with the defense counsel’s argument that the lawsuit failed to establish a cause of action against Kinombe Nyaruzinga since the company was not a party to the original contract between MUPA and the district. Consequently, the judge ordered MUPA to cover all costs incurred by Kinombe Nyaruzinga in the case.
Mark Mwesigye, a lawyer from Mark Mwesigye & Co. Advocates, who represented Kinombe Nyaruzinga Construction Company Limited, welcomed the ruling. He noted that this was the second time Kinombe had won the case, as MUPA had previously requested changes to its statements in an earlier proceeding. He further clarified that, at present, the case only involves MUPA Technical Services and Rukungiri District Local Government.
A representative from Kinombe Nyaruzinga Construction Company Limited commended the Rukungiri High Court for delivering a fair ruling without bias. He also expressed appreciation to Mark Mwesigye & Co. Advocates for their legal efforts in ensuring justice was served.
