KIBOGA - The High Court in Kiboga has ordered Total Uganda Limited to pay sh100m in damages to engineer Fred Mubiru, ruling that the company unlawfully used his name and professional credentials on a construction project without his consent.
High Court judge Jamson Karemani ruled that Total Uganda falsely attributed Mubiru as the structural engineer for a commercial construction project in Kiboga valued at sh1.4b despite his having no involvement in the works.
Mubiru, the managing director of Macro Technics Limited, sued Total Uganda and Eskorn Contractors Limited after discovering that his name appeared on a site billboard and project documents as the structural engineer overseeing the development.
In a judgment dated June 5, 2026, Justice Karemani held that Total Uganda was solely liable for the misrepresentation and permanently restrained the company, its agents and employees from further using Mubiru’s name or professional attributes without his consent.
The court also awarded Mubiru costs of the suit and directed that the damages attract interest at 22% per annum from the date of judgment until full payment.
Justifying the award, Justice Karemani said Total Uganda benefited from using Mubiru’s professional reputation while avoiding the costs associated with engaging his services.
“The plaintiff was placed on the frontline without his knowledge,” the judge observed, noting that the company exploited Mubiru’s name and standing in the engineering profession for its own benefit.
He noted that although the construction project had already been completed, Mubiru remained entitled to protection against any future misuse of his identity and professional credentials.
“Any misrepresentation in the structural drawings and the naming of the structural engineer is the responsibility of Total Uganda as the owner of the project and cannot be imputed on Eskorn Contractors Limited,” Justice Karemani said.
He added that liability rested entirely with Total Uganda and that there was no joint or vicarious liability between the fuel company and the contractor.
According to the judge, Eskorn Contractors implemented instructions issued by Total Uganda and had no role in identifying or naming the structural engineer on the project.
“Total Uganda knew what it wanted and had to guide the structural engineer to come up with the same,” the judge noted.
Background
Court records show that Total Uganda and Eskorn Contractors entered into a contract dated May 8, 2019, to develop land in Kiboga into commercial premises.
According to the judge, the signage reportedly remained on site throughout the construction period.
Court documents show that Mubiru only became aware of the development after receiving inquiries from various individuals seeking updates on the project, which he knew nothing about.
The court agreed that the use of Mubiru’s name and professional credentials without authority amounted to unlawful misrepresentation.