KAMPALA – Construction firm, Roko Construction Company Limited has asked the High Court to fine the developer of the International Specialized Hospital site at Lubowa Hill in Wakiso District for allegedly defying court orders.
Lawyers representing Roko also asked the court to find that FINASI/ROKO Construction SPV Limited in contempt of court for evicting the company, employing another company and stealing their property which include two containers.
FINASI/ROKO Construction SPV Limited is jointly sued with FINASI International FZC, Ms Enrica Pinetti and company secretary Moses Matovu.
Roko filed an application for contempt of court orders against FINASI/ROKO Construction SPV Limited of refusing to comply with the July 4 court order that ordered them to stop recruitment of a new contractor.
On July 4, the High Court issued a temporary order restraining M/s Finasi/Roko Construction SPV Limited and FINASI International FZC and their agents from evicting Roko Construction from the site for the International Specialised Hospital until the main case is determined.
The Court presided over by Justice Andrew Bashaija ordered the two accused companies to desist from interfering with ROKO Construction Company’s execution of contract works and possession of the hospital site.
Enos Tumusiime representing Roko accused FINASI/ROKO Construction SPV Limited of engaging another contractor in defiance of the court orders and interfering with their work and asked the court for an order of compensation of $6m.
He also asked court to find the accused parties in contempt of court to be committed to civil prison for disobeying court order.
However, the accused parties through their lawyer, Gerald Batanda denied any wrongdoing by the accused parties saying there was no property that was taken.
Batanda argued that Roko Construction has not proved ownership of the property and who took them and or identifying the people interfering with the works.
He added that accused parties cannot be held in contempt of court on the works that the ministry of health does not know.
M/s Finasi/Roko Construction SPV Limited was incorporated on May 26, 2015, with the sole purpose of designing, financing, constructing and equipping the 264 bed International specialized Hospital at Lubowa and it was agreed that Roko Construction Company shall be the sole contractor for the construction works of the project.
Meanwhile presiding Judge Dr Andrew Bashaija has set August 21 to decide on the application.
Roko Construction Company sued Finasi/Roko Construction SPV Limited jointly with FINASI International FZC over allegations of how the affairs of the Special Purpose Vehicle are run unfairly and prejudicial to its interests.
Case
In the main case Roko Construction Company through its lawyers sued FINASI/Roko Construction SPV Limited and FINASI International FZC challenging a decision of the investor, FINASI International FZC to throw it out and engage another contractor.
Justice Bashaija agreed with ROKO Construction Company Limited argument that M/s Finasi/Roko Construction SPV Limited was incorporated on May 26, 2015 with the sole purpose of designing, financing, constructing and equipping the International specialized Hospital at Lubowa.
Court documents indicate that since the incorporation of the joint venture company, ROKO Construction Company Limited has been in possession of the disputed site where it has invested colossal sums of money to carryout laboratory tests, grading of the land, connection of utility as well as mobilizing personnel and machinery.
