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Businesswoman ordered to pay Canadian sh166m compensation
Court documents indicate that Nabami received more than sh100m from Francis Xavier Ssempiira, a Ugandan resident in Ontario, Canada, and founder of Yata Technologies Incorporation.
Businesswoman ordered to pay Canadian sh166m compensation
By: Michael Odeng, Journalist @New Vision
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The Commercial Court has ordered businesswoman Aline Kaboy Nabami to pay a Canadian-based Ugandan sh166m after receiving money for gold she promised to purchase and deliver but failed to do so.
Court documents indicate that Nabami received more than sh100m from Francis Xavier Ssempiira, a Ugandan resident in Ontario, Canada, and founder of Yata Technologies Incorporation.
In a judgment dated August 3, Justice Thomas Ocaya declared that Nabami received money from Ssempiira for the purchase and delivery of gold, but neither purchased nor delivered the gold.
“Nabami did not buy and deliver the gold, and the consideration for which Ssempiira’s money was paid failed totally,” he stated.
The judge noted that Nabami received sh5m and Canadian dollars 38,162.31 (sh101m) from Ssempiira for the purchase and delivery of gold.
“Nabami did not buy and deliver the gold, and the consideration for which Ssempiira’s money was paid failed totally,” he stated.
The judge noted that Nabami received sh5m and Canadian dollars 38,162.31 (sh101m) from Ssempiira for the purchase and delivery of gold.
The judge, however, stated that Nabami did not receive $51,500 (sh191m) or any other cash sum through her agent, Eron Nabacwa, as alleged by Ssempiira.
“Ssempiira’s claim to recover the balance of the pleaded sum said to have been delivered through Nabami’s agents is dismissed,” the judge ruled.
The judge noted that the purpose of the money was for the acquisition of gold rather than repayment of a loan.
Justice Ocaya observed that although Nabami denied receiving the money to acquire gold, insisting that the funds were repayments of loans, the evidence demonstrated that the assertion was untrue.
The judge noted that the record disclosed no reason why a woman based in Kampala and Dar es Salaam would receive instalments of Canadian dollars from a man in Toronto, whom she had never met, unless the remittances were connected to the purpose she herself described in writing as a “gold mission” undertaken on his behalf.
The judge noted that the purpose of the money was for the acquisition of gold rather than repayment of a loan.
Justice Ocaya observed that although Nabami denied receiving the money to acquire gold, insisting that the funds were repayments of loans, the evidence demonstrated that the assertion was untrue.
The judge noted that the record disclosed no reason why a woman based in Kampala and Dar es Salaam would receive instalments of Canadian dollars from a man in Toronto, whom she had never met, unless the remittances were connected to the purpose she herself described in writing as a “gold mission” undertaken on his behalf.