High Court halts Sale as Legal Battle Unfolds: Shukla Mukesh vs. Bank of Baroda

KAMPALA - In the latest legal saga unfolding within Uganda’s financial landscape, businessman Shukla Mukesh finds himself entangled in a complex dispute with Bank of Baroda, one of the country’s prominent financial institutions. The dispute centers around a substantial loan amounting to Shs 6.3 billion (alongside $350,000) extended to Mukesh's Shumuk group in 2010, and the subsequent claims made by the bank against Mukesh's assets.

The High Court's recent ruling on March 26 has temporarily halted the sale of two multi-billion properties owned by Mukesh - the Shumuk Aluminium Industries Ltd plant in Nakawa and another prime property in Lugogo UMA showgrounds. This ruling, delivered by High Court registrar John Paul Eduko, came as a relief for Mukesh, as it restrained Bank of Baroda from proceeding with the sale process until the disposal of the ongoing legal battle.

At the heart of the legal dispute lies Mukesh's vehement denial of the bank's claims. In an affidavit sworn on oath, Mukesh asserted that all loan obligations to the bank had been duly settled, emphasizing the loan's purpose as 'working capital' for the Shumuk factory. He highlighted a longstanding relationship with the bank dating back to 1994, further contesting the bank's demand for an additional Shs 18.4 billion, which they claimed arose from interests and unpaid sums.

Mukesh's legal manoeuvrings reflect a staunch defense against what he perceives as unjust actions by the bank. He contends that despite having settled the loan, the bank issued a recall in 2018, triggering the initiation of legal proceedings in 2019. Moreover, Mukesh underscored the wrongful attempt by the bank to auction off properties that had served merely as collateral for a loan already repaid.

The ramifications of this legal battle extend beyond the courtroom, with potential repercussions for Uganda's manufacturing industry and economy at large. Shumuk group, established in 1992, is a significant player in the aluminum production sector, employing over 1,000 workers and boasting an annual turnover exceeding $1.5 million. Dan Muhumuza, Shumuk’s general manager, voiced concerns over the adverse impact of a takeover or closure on the company's workforce and the broader economy.

This case also sheds light on a concerning trend in Uganda's financial landscape, where disputes between financial institutions and borrowers escalate into protracted legal battles. Earlier this year, Justice Patricia Mutesi intervened to halt Bank of India Ltd from selling disputed land valued at Shs 76.2 billion, further underscoring the prevalence of such complex disputes within the country's banking sector.

As the legal proceedings unfold, the case of Shukla Mukesh vs. Bank of Baroda serves as a stark reminder of the complexities and challenges inherent in commercial dealings, emphasizing the importance of fair and equitable resolution mechanisms within Uganda's legal framework. Until a final verdict is reached, the fate of Mukesh's assets and the broader implications for Uganda's financial landscape remain uncertain.