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By Andrew Irumba Katusabe
Kampala—The High Court Commercial Division in Kampala has delivered a stinging judgment against architectural consultancy firm FBW (U) Ltd and its principal architects Nigel J. Tilling and Paul Moores, finding them liable for fundamentally breaching a multimillion-dollar consultancy agreement linked to the expansion of Bukoto based Kabira Country Club,
In a detailed 42-page judgment delivered by Hon. Lady Justice Susan Odongo, on April 3, 2026, the court ruled in favor of Meera Investments Limited, owned by business magnate Dr. Sudhir Ruparelia, awarding the company a cumulative USD 741,250 (approximately Shs2.7 billion) excluding interest and costs.
The court held that the defendants failed to provide usable architectural construction drawings and unlawfully demanded advance payments tied to construction milestones before actual construction had commenced.
Background Of The Dispute
The dispute arose from a 2012 consultancy agreement under which FBW was contracted to prepare a complete construction drawings package for the extension of Kabira Country Club apartments.
The project was temporarily suspended in 2013 before being revived in 2018. However, disagreements later erupted over payment schedules and the release of editable Computer-Aided Design (CAD) files necessary for actual construction works.
Meera Investments argued that despite paying substantial sums, the defendants only supplied static PDF files instead of editable CAD drawings, rendering the documents unusable for contractors and surveyors.
The plaintiff further accused the architects of “holding the project at ransom” by refusing to release critical files unless additional payments were made.
Court Findings
Justice Odongo rejected the defendants’ argument that they had fully discharged their obligations merely by obtaining Kampala Capital City Authority (KCCA) approval.
The judge ruled that a “full construction package” inherently included usable and editable CAD files, especially considering the parties’ previous dealings on earlier projects.
“A professional’s stamp is not a license to obstruct, but a commitment to deliver,” Justice Odongo stated.
The court further found that:
• The defendants breached the consultancy contract by failing to deliver usable construction drawings by December 2018.
• The architects unlawfully demanded “in-between construction” payments before construction had begun.
• The withholding of CAD files amounted to technical obstruction and professional misconduct.
• The individual architects could not hide behind the corporate veil because clients specifically relied on their personal expertise and professional seals.
The court issued several declarations and monetary awards in favor of Meera Investments as follows:
Refund For Money Had And ReceivedUSD 132,750(Approximately Shs491 million)
This represented payments wrongly demanded and received for construction-phase milestones that had not yet accrued.
Special DamagesUSD 108,500(Approximately Shs401 million)
Broken down as:
• USD 65,000 paid to Design 256 Ltd• USD 27,500 paid to CONSTULKA• USD 16,000 paid to Chase Consults Ltd
These sums covered costs incurred by Meera Investments in hiring replacement consultants to redraw the entire project from scratch.
General DamagesUSD 500,000(Approximately Shs1.85 billion)
The court awarded this sum for lost business opportunities, delays, and commercial inconvenience occasioned by the eight-month project stalemate.
Total Monetary Award:USD 741,250(Approximately Shs2.74 billion)
This excludes court-awarded interest and legal costs.
The court also ordered:
• 10% annual interest on the USD 108,500 special damages from the date the suit was filed until full payment.
• 8% annual interest on the USD 132,750 refund from the date the payments were originally made until settlement in full.
Exemplary Damages Rejected
Although the court heavily criticized the defendants’ conduct, Justice Odongo declined to award exemplary damages, reasoning that the dispute remained fundamentally commercial and technical rather than malicious enough to justify punitive sanctions.
Key Judicial Pronouncements
Among the most powerful excerpts from the judgment, the court declared:
“True professionalism is found in the delivery of excellence, not in the leverage of technical data.”
The court further warned professionals against weaponizing technical information for financial leverage in commercial projects.
In a major precedent for Uganda’s construction and consultancy sector, the court held that registered professionals can personally bear liability despite operating through corporate entities.
Justice Odongo emphasized that architects who personally seal and supervise projects owe direct duties of care to clients.
The ruling now places both FBW and its principal architects jointly liable for the awards.
, https://www.spyuganda.com/pay-for-your-negligence-tycoon-sudhir-floors-kabira-club-shabby-contractor-awarded-ugx-2b-costs-in-landmark-construction-dispute/
