THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA

[COMMERCIAL DIVISION]
CIVIL SUIT NO…………….………………OF 2024
BAD BOY LIMITED (BBL) :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
BANK OF AFRICA ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
PLAINT

1. The Plaintiff of c/o M/s KK & Co. Advocates whose address of service for
purposes of this suit shall be M/S KK & Co. Advocates, P.O Box 001
Kampala and is a body corporate with the capacity to sue and be sued in
their own name.
2. The Defendant is a financial institution duly incorporated and carrying
on business in Uganda and the plaintiffs undertake to effect court
process up on him.
3. The Plaintiffs’ claim against the Defendant is for declarations that the
defendant is in breach of contract, general damages, permanent
injunction, interest and costs of the Suit.
4. The facts constituting the Plaintiff’s cause of action against the
Defendant arose as hereunder;
a) That on 24th September 2019, Bad Boy Limited (BBL) secured a
loan of USD 40,000 from Bank of Africa, secured by a mortgage on
land in Block 002, Kisugu ( The credit facility letter is herein
attached and marked annexure E1)
b) The Plaintiff diligently serviced its debt liability until the eruption
of covid-19 pandemic which greatly affected their business
operations.
c) The Plaintiff entered into a business undertaking with Hilton
Hotels and Apartments in which Hilton Hotels and Apartments
sought refinancing from Bank of Africa to support this undertaking
 (the resolution of Hilton Hotels and Apartments marked as
annexure E2).
d) The defendant rejected the refinancing application, causing Hilton
Hotels and Apartments to withdraw from the business transaction
with Bad Boy Limited hence frustrating BBL business transaction.
e) The defendant later offered to restructure the original loan
agreement, making Sanctum Hotels and Apartments responsible
for servicing Bad Boy Limited’s debt. (A copy of the restructure
of credit facility is herein attached and marked annexure E3).
f) The loan was restructured and the plaintiff was extinguished from
the pre-existing loan repayment obligations.
g) That upon restructuring the defendant was supposed to release
the mortgage that was pledged as security since the plaintiff was
extinguished.
h) That the plaintiff wrote to the defendant demanding for the
security to be released but it was ignored by the defendant. ( A
copy of demand letter for the release of the mortgaged land is
herein attached and marked “E4)
i) The defendant instead served a notice of sale to the plaintiff ( A
copy of the notice of sale is herein attached and marked “ E5”)
j) The plaintiff accepted the terms of the restructure credit facility as
it provided therein the unequivocal declaration of extinguishment
of their pre-existing loan repayment obligation.
5. Notice of Intention to sue was duly communicated to the Defendant but
was ignored. ( A copy of intention to sue is herein attached and
marked E6)
6. That the cause of action arose at Kisugu within the Jurisdiction of this
Honorable Court.

WHEREFORE, the Plaintiff prays for Judgment against the Defendant for:
a) That the defendant acted in breach of contract.
b) General damages.
c) Specific performance to release the property pledged as security for its
loan.
d) Permanent injunction restraining the Defendant from the sale of the
mortgaged property.
e) Interest from the date of breach till payment in full.
f) Costs of the suit.

DATED at KAMPALA this …………………day of ……………………2024

Flemine
________________________________
M/S KK & CO. ADVOCATES
COUNSEL FOR THE PLAINTIFF

Drawn & Filed by;

M/S KK & Co. Advocates,
PO BOX 001
Kampala.
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
[COMMERCIAL DIVISION]
CIVIL SUIT NO…………….………………OF 2024
BAD BOY LIMITED (BBL) :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
BANK OF AFRICA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
SUMMARY OF EVIDENCE
The Plaintiff will adduce evidence to show that the defendant has acted in
breach of contract by failing to release the mortgaged property to the
plaintiff despite several demands but instead the defendant issued a
notice of sale to the plaintiff.
LIST OF WITNESSES
1. The Plaintiff
2. Any other with leave of Court
LIST OF DOCUMENTS
1. The Board Resolution of Hilton Hotels and Apartments
2. Notice of sale
3. Demand letter to release the mortgaged property.
4. Any other with leave of Court
LIST OF AUTHORITIES
1. The Financial Institution Act No. 2 of 2004
2. The Contract Act 2010
3. Bank of Uganda (Financial Consumer Protection) Guidelines, 2011
4. The Advocates ( Remuneration and Taxation of Costs)(Amendment)
Regulations,2018
 5. Guidelines on Credit Relief and Loan Restructuring Measures for
Supervised Financial Institutions (SFI) during Covid-19 Pandemic,
passed on 14th April, 2020.
6. Case laws
Dated at Kampala this………………………..day of ……………………….
…………….2024

Flemine
………………………………………..
M/S KK & CO. ADVOCATES
COUNSEL FOR THE PLAINTIFF

DRAWN AND FILLED BY:

M/S KK & CO. ADVOCATES
P.O BOX OO1,
Kampala
 THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
[COMMERCIAL DIVISION]
CIVIL SUIT NO…………….………………OF 2024
BAD BOY LIMITED (BBL) :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
BANK OF AFRICA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
SUMMONS TO FILE DEFENCE
TO:
BANK OF AFRICA
WHEREAS the above named Plaintiff has instituted a suit against you upon
the claim the particulars of which are set out in the copy of the plaint attached
hereto
YOU ARE HEREBY required to file a defence in the said suit within 15 days
from the date of service of this summon on you in the prescribed manner
under order 9 rule 1 civil Procedure Rules SI 71-1.
SHOULD you fail to file a defence on or before the date mentioned, the plaintiff
may proceed with the case and judgment may be given in your absence.
GIVEN under my hand and the seal of this Court this ……………..day
of………..2024
…………………………………………
DEPUTY REGISTRAR

Extracted by:
M/S KK & Co. Advocates
P.o Box 001,
Kampala