The High Court has ruled it will hear a case involving businessman Haruna Ssentongo, who is accused of attempting to breach a sale agreement for a property in Kisenyi, Kampala.
The case started in 2017 when Ssentongo, who was drowning in debt, agreed to sell a property in Kisenyi to Downtown Bags Ltd for $700,000 (roughly Shs 2.4 billion). Downtown was to pay $600,000 (Shs 2 billion) upfront upon signing and the remaining $100,000 (Shs 350 million) once Ssentongo provided approved building plans and documents.
According to court documents, Ssentongo claims Downtown failed to pay the full amount, prompting him to sue in 2019. But Downtown countersued Ssentongo, accusing him of breaching the terms of sale.
In a separate application this year, Ssentongo asked the court to throw out the counterclaim. He argued it was submitted too late, without court approval, and that the counterclaim needed special permission as a new legal action.
He also wanted the main case paused because the original court file had gone missing from the registry for over four years.
Downtown opposed this. Its managing director, Isaac Nsereko, said the company had paid $605,338 towards clearing Ssentongo’s bank debts but never received the plans or vacant possession of the land.
Nsereko tabled a 2020 letter from Ssentongo’s then-lawyers consenting to the late counterclaim, and noted a duplicate file had been created to keep the case moving.
In her ruling on 22 October 2025, Justice Susan Odongo explained that courts have powers under the law to allow amendments to a case at any stage if it helps decide the real disputes fairly and prevents separate trials.
“Refusing this would deny justice and force more lawsuits,” she said.
On the issue of the missing file, Odongo rejected a stay, calling it unnecessary since the case is still at the pleading stage. She ordered both sides to submit all documents within seven days to rebuild the file quickly in one session.
Ssentongo had requested to have Nsereko cross-examined, but this was denied, as the judge found it would not add any useful information.
Odongo said the main suit will now proceed, and both Ssentongo and Downtown must file pre-trial papers and attend a scheduling conference on December 9, 2025.
