The High Court in Kampala has rejected Roko Construction Company’s attempt to halt the enforcement of a ruling that requires it to pay over Shs1.5 billion to Pramukh Steel Limited.
In her decision, Justice Dr. Ginamia Melody Ngwatu stated that Roko failed to meet the necessary legal criteria for obtaining a stay of execution.
“After reviewing the arguments from both the applicant and the respondent, as well as the legal principles governing stays of execution pending appeal, this court finds that the applicant has not presented sufficient grounds,” she ruled.
Dr. Ngwatu pointed out that Roko did not prove it would face irreparable harm if the judgment was enforced, nor did it demonstrate that Pramukh lacked the financial capacity to refund the money if the appeal succeeded.
“The applicant has not shown that the appeal has a reasonable chance of success. This application is therefore dismissed, with costs awarded to the respondent,” she concluded.
Background of the Case
Pramukh Steel Limited initially sued Roko Construction Company in 2020 to recover nearly $400,000 for unpaid construction materials. Court documents revealed that while Roko had paid $51,671 out of the $450,850 owed, a balance of $399,156 remained outstanding.
In 2024, Justice Cornelia Sabiiti Kakooza ruled in favor of Pramukh, ordering Roko to settle the outstanding amount with a 10% annual interest until full payment was made. Seeking to enforce the judgment earlier this year, Pramukh initiated collection proceedings, prompting Roko to file for a stay of execution, arguing that its pending appeal had strong merits and that enforcement would cause substantial financial strain.
However, Justice Ngwatu dismissed Roko’s request, noting that the company had failed to provide a memorandum of appeal or proof of having applied for a certified record of proceedings.
“Without a memorandum of appeal, this court cannot determine the likelihood of success or whether the Court of Appeal would reasonably arrive at a different conclusion,” she ruled.
With this latest ruling, Pramukh Steel Limited is now free to proceed with recovering the awarded funds from Roko Construction.