High Court orders FBW Architects to pay Meera Investments UGX 2.78 billion in Kabira dispute

KAMPALA, Uganda — A High Court Commercial Division judge ordered architectural firm FBW and its directors to pay Meera Investments Ltd. more than UGX 2.78 billion in refunds and damages following a contractual dispute over the stalled expansion of Kabira Country Club.

Justice Susan Odongo ruled that FBW breached both contractual duties and professional responsibilities by withholding editable computer-aided design files and demanding premature payments. The court ordered the firm to refund UGX 499.4 million, pay UGX 408.1 million in special damages for replacement consultants and pay UGX 1.88 billion in general damages for lost business opportunities, along with interest and full court costs.

The dispute centered on a 2012 consultancy agreement in which Meera Investments hired FBW to deliver construction drawings for the redevelopment of the Bukoto hospitality venue, owned by businessman Sudhir Ruparelia’s Ruparelia Group. Suspended in 2013, the project was revived in 2018 with plans to begin physical work by January 2019.

According to court documents, FBW delivered static PDF files approved by the Kampala Capital City Authority but refused to release the editable CAD files required for the project to progress. The architects also insisted on receiving two installments designated for the construction phase before any building work began.

Meera Investments paid UGX 499.4 million under protest to break the impasse but found the PDFs unusable for further development. The company hired new consultants, resulting in an eight-month delay.

Odongo rejected FBW’s defenses regarding intellectual property rights over the drawings and corporate protections for its directors. She ruled that providing usable, editable CAD files was an implied contract term based on prior dealings between the parties.

“The defendants’ attempt to satisfy their duty by providing static, unadjustable PDF files for a project of such immense complexity all while demanding payments meant for the construction phase was not an act of professional service, but one of technical obstruction,” Odongo wrote in the 43-page judgment.

The judge noted the architects effectively held the project at ransom. She also ruled that registered architects owe a personal duty of care that cannot be evaded through corporate structures, stating that a corporate veil cannot be used to defeat professional liability.

The court dismissed an additional claim for exemplary damages.

FBW and its directors, including Group Managing Director Paul Moores and Director of Projects Nigel Tiling, have not issued a public statement on the ruling. Meera Investments declined to comment beyond confirming the judgment.