By Musisi Lwanga
Kampala-The High Court Commercial Division has granted FBW (U) Limited and its directors, Paul Moores and Nigel Tilling, temporary relief from execution of a USD 741,250 judgment in favour of Meera Investments Limited, a company owned by property tycoon Dr Sudhir Ruparelia.
However, the relief comes with a strict condition: the Applicants must secure USD 132,750 (about Shs500 million, within 45 days, or risk losing the stay and facing execution of the entire judgment.
In a ruling delivered electronically on August 21, 2026, Justice Susan Odongo ordered the Applicants to either deposit USD 132,750 in Court or furnish an unconditional, irrevocable and on-demand bank guarantee of the same amount from a reputable commercial bank licensed in Uganda.
The judge warned that failure to meet the condition within the 45-day period would automatically vacate the stay, allowing Meera Investments to proceed with execution of the entire judgment without seeking another court order.
The ruling arises from a long-running commercial dispute over architectural and consultancy services for the extension of Kabira Country Club. The original agreement involved a USD375,000 professional fee, but the relationship later deteriorated over payment milestones, construction drawings and the format in which design files were supplied.
In the April 3, 2026 judgment, the High Court found the Applicants liable and ordered them to refund USD132,750, pay USD108,500 in special damages and USD500,000 in general damages, in addition to interest and costs.
FBW subsequently sought a stay pending their intended appeal, arguing that immediate execution of the judgment would cause substantial loss and potentially wipe out their architectural business.
Meera Investments, through its Director Dr Sudhir Ruparelia, opposed the application, arguing that the Applicants had not met the legal threshold for a stay and that Meera had already been deprived of its money for years.
Justice Odongo nevertheless found that the Applicants had established a prima facie right to appeal and that immediate enforcement of the USD741,250 decree could cause serious and potentially irreversible damage to their business.
But the Court drew a crucial distinction between the judgment components.
While the USD132,750 refund represented money actually paid by Meera for the disputed construction milestones and was considered an undisputed principal amount, the USD108,500 special damages and USD500,000 general damages remain highly contested on appeal. The Court therefore declined to require security for the entire judgment sum.
The result is a conditional victory for FBW: they have temporarily stopped execution, but the stay is not unconditional. Their immediate task is to secure USD132,750 within 45 days.
If they fail, Meera Investments will be at liberty to pursue execution of the full USD741,250 judgment, together with applicable interest and costs.
The costs of the stay application will meanwhile abide by the outcome of the intended appeal.
