Serefaco Consultants Ltd v Euro Consult BV ((Civil Application No. 16 of 2007)) [2007] UGCA 1 (12 December 2007);

Group


d)      
That the applicant may not recover anything against the Respondents in the event that this appeal is dismissed and the respondents refuse/fail to pay.

e)      
That the Applicant company has good reasons to oppose the appeal which is unlikely to succeed on the merits.”

The application is supported by an affidavit sworn by Mr. Chaapa K. Karuhanga, the Chairman of the applicant Company. The relevant contents of the said affidavit are as follows: -
1.      
That I am an adult male Ugandan of sound mind and the Chairman of Serefaco Consultants Ltd, the Respondent in the main appeal and I make this affidavit on behalf of the Applicant having been duly authorized to depone this affidavit.

2.      
That I am conversant with the facts of the appeal and H.C.C.S No. 509 of 1999 having at all material times been involved in the prosecution of the applicant company’s claims.

3.      
That the Applicant herein sued Euro Consult B. V. and Arcadis Euro Consult in the High Court of Uganda vide Civil Suit No. 509 of 1999.

4.      
That on the 1st day of March, 2002 Judgment was entered in favour of the Applicant for the sum of Dutch florins 816,505.98 with interest at the rate of 6% p.a. from March 2000 to the date of payment in full together with costs of the suit.

5.      
That a decree was issued and to date the whole amount and interest equivalent to Euro 422,733.27 together with Ug. Shs.13,088,759/= (Thirteen Million Eighty Eight Thousand Seven Hundred Fifty Nine only) as taxed costs of the suit is still unsatisfied. A copy of the decree and certificate of taxation are attached thereto marked “A” and “B”.

6.      
That sometime in My 2003, I received information that the Respondents had ongoing projects with the Ministry of Finance and Kampala City Council for which they were about to get payment.

7.      
That the Applicant obtained a garnishee order nisi from the High Court attaching the payments that accrued during the course of implementation of the projects. A copy of the Order Nisi is attached and marked annexture “C”.