IN THE SUPREME COURT OF UGANDA

AT MENGO

Coram: Odoki C.J., Tsekooko, Karokora, Mulenga, and Katurebe JJ.S.C.

CIVIL APPEAL NO.9 OF 2005

BETWEEN

1. GENERAL PARTS (U) LTD.

2. HARUNA SEMAKULA :::::::::::::::::::::::::::::::::::APPELLANTS

AND

NON-PERFORMING ASSETS RECOVERY TRUST:::::::RESPONDENT

[Appeal from the judgment of the Court of Appeal (Okello, Mpagi-Bahigeine & Byamugisha JJ.A) in Civil Appeal No.49/04 dated 19^th August 2005]

JUDGMENT OF MULENGA JSC.

This appeal originates from a suit instituted in the Non-Performing Assets Recovery Tribunal, hereinafter referred to as “the Tribunal”, by the above-named respondent. The respondent sued as an assignee of a non performing asset in form of a debt of shs.2, 288,821,473/- that the 1^st appellant above-named owed to Uganda Commercial Bank, hereinafter referred to as