THE REPUBLIC OF UGANDA

IN THE COURT OF APPEAL OF UGANDA AT KAMPALA

CIVIL APPEAL NUMBER 67 OF 2010

INCAFEX LIMITED.................................................... APPELLANT

VERSUS

MATHEW RUKIKAIRE............................................. RESPONDENT

(An appeal arising from the decision and orders of the High Court/ Commercial Court Division (Kiryabwire G.) in Company Cause No 3. Of2004 dated 18.8.2008)

Coram: Hon. Justice Remmy Kasule, JA

Hon. Justice Eldad Mwangusya, JA

Hon. Lady Justice Faith E. Mwondha, JA

JUDGMENT

A petition by MATHEW RUKIKAIRE (now Respondent) was filed against INCAFEX LIMITED (now Appellant) at the Commercial Court Division of the High Court of Uganda. The petition alleged that the Appellant Company was being run in a manner oppressive to some of the members including the respondent. The Respondent thus prayed for an Order to bring to an end the matters complained of as being oppressive to some members, an Order to audit the Company’s accounts and, in the alternative an Order that company be wound up.

The petition was a culmination of an exchange of correspondences between the petitioner and James Musinguzi, the Managing Director of the Appellant