February 23, 2024.
KAMPALA, Uganda | A contentious case between National Housing & Construction Company Limited and Ambitious Construction Company Limited has sparked controversy within the commercial court, with accusations of bias directed at Hon. Lady Justice Harriet Grace Magala, who is presiding over the proceedings.
The dispute dates back to 2019 when Ambitious Construction Company Limited filed a lawsuit against National Housing & Construction Company Limited, citing breach of contract over non-payment related to the construction of the Impala Estate in Namungoona. After a series of legal proceedings, including arbitration, an arbitral award was issued.
On May 15, 2023, Ambitious Construction Company Limited applied for recognition and enforcement of the arbitral award. However, National Housing & Construction Company Limited contested the award and sought to have it set aside. In December 2023, Hon. Lady Justice Harriet Grace Magala dismissed the application to set aside the arbitral award and enforced it, ruling in favor of Ambitious Construction Company Limited.
Dissatisfied with the ruling, National Housing & Construction Company Limited sought a review of the decision and requested Hon. Lady Justice Harriet Grace Magala to recuse herself from the case, citing bias in favor of the law firm representing Ambitious Construction Company Limited, M/s Kaggwa & Kaggwa Advocates over their own legal representation from M/s Kyagaba and Otatiina Advocates.
However, in her ruling, Hon. Lady Justice Harriet Grace Magala defended her impartiality, stating that both parties were accorded a fair hearing and ample time to present their arguments. Despite extensions granted to National Housing & Construction Company Limited to submit their case, they failed to meet the deadlines. Hon. Lady Justice Harriet Grace Magala emphasized that mere allegations of bias were insufficient grounds for recusal, and no evidence had been presented to support such claims.
Asserting her constitutional duty to deliver justice impartially, Hon. Lady Justice Harriet Grace Magala declined to step aside from the case. She deemed the accusations of bias against herself and the opposing law firm as false, maintaining her commitment to upholding the principles of fairness and equality before the law.
