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Businessman Patrick Bitature has lost an application in which he had sought court permission to defend a more than $13 m (about Shs48b) award to Absa Bank.

Presiding Judge, Harriet Grace Magala of the Commercial Division of the High Court in her September 16 ruling, dismissed with costs the application brought by the businessman reasoning that there were no triable issues.

The judge went on to hold that Mr Bitature's move was an abuse of the court process because as the director and guarantor of Electro-Maxx (U) Ltd, he accepted the terms of the consent judgment and therefore should not turn around.

“The applicant (Mr Bitature) as a director and guarantor of Electro-Maxx (U) Ltd accepted the terms of the consent judgment and partly honored its terms. The applicant, basing on the second variation signed a consent deed and further accepted the terms of the consent judgment, but now turns around to dispute the same,” ruled the judge.

Adding: “I find this application an abuse of the court process. In the premises, this application is dismissed with costs to the respondent (Absa Bank) and judgment entered against the defendants in Civil Suit no. 1190 of 2023.”

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