Kagurusi Remmy Nowiitu and Another v Baguma Cyprian Begumanya and Others (Misc. Application No. 985 of 2015)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court found the first respondent not in contempt of court orders. The boards of the third respondent had approved the auditors and complied with the court order. The applicants failed to prove that the first respondent, allegedly the Managing Director or General Manager, was personally responsible for availing documents or had the authority to do so. The court ordered the board of directors of the third respondent to avail all missing documents to the auditors within fourteen days.
Outcome
Application dismissed; board of directors ordered to comply with court order by availing audit documents within fourteen days
Facts
On 8 October 2014 the court issued a temporary injunction and ordered a forensic audit of the third respondent's affairs by auditors approved by the board. On 25 November 2014 TEAM & Co. Certified Public Accountants were engaged to conduct the audit. The applicants alleged that the first respondent, as Managing Director of the third respondent, sabotaged the audit by refusing to furnish the auditors with relevant information and by originating complaints against the auditors. Meanwhile, parallel proceedings in the Civil Division of the High Court resulted in changes to the board of directors of the third respondent. The auditors issued an incomplete report dated 21 May 2015, citing failure by management to provide requested information. In July 2016, the auditors verified documents in the Registrar's custody and identified missing documents required to complete the audit.
Issues
- Whether the 1st respondent is in contempt of the court order dated 8th October 2014 directing that a forensic audit be carried out by auditors approved by the board.
Orders
- Application for contempt dismissed.
- The board of directors or duly appointed managing director of the 3rd respondent and the 3rd respondent to hand over all missing documents to the auditors to enable them conclude the audit exercise.
- The board of directors or duly appointed managing director of the 3rd respondent and the 3rd respondent to facilitate the production of all documents in the custody of third parties.
- All relevant documents required by the auditors to conclude the audit to be availed by the board of directors or duly appointed managing director of the 3rd respondent and the 3rd respondent within fourteen (14) days from the date of this ruling.
- Costs in the cause.
Rules and key headnotes
Legislation cited (6)
- Civil Procedure Act s.64(c)
- Civil Procedure Act s.64(e)
- Civil Procedure Act s.98
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.2
- Civil Procedure Rules O.52 r.3
Cases cited (4)
- Busuulwa v National Social Security Fund & 2 Others (HCT-00-CV-MA-0716-2016)
- Megha Industries (U) Ltd v Conform (U) Ltd (Misc. Cause No. 21 of 2014)
- Nakanjako & Others v Segaluma & Others (Misc. Application No. 863 of 2015)
- Khabusi Building Contractors and Furniture Ltd v PPDA (Misc. Application No. 099 of 2015)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.