Vantage Mezzanine Fund 11 Partnership and Another v Simba Properties Investment Company Limited and Others
Vantage Mezzanine Fund 11 Partnership and Another v Simba Properties Investment Company Limited and Others (Miscellaneous Cause No. 91 of 2021) [2023] UGCommC 16 (29 March 2023)
The Court found that the Applicants established a prima facie case with serious questions to be tried in arbitration regarding their rights under the Mezzanine Term Facility Agreement and the lawfulness of the Respondents' actions. The Applicants demonstrated risk of irreparable injury to their credit and security interests if the impugned transactions proceed, and the balance of convenience favored preserving the status quo. The Court held it has jurisdiction to grant interim measures under Section 6 of the Arbitration and Conciliation Act, and that the 1st Applicant's legal capacity is a tr…
Source excerpt
- Arbitration Interim Measures
- Injunctive Relief
- Creditor Rights
- Corporate Governance
- Contractual Obligations
- Partnership Legal Capacity