Business

We Are Not a Nonentity – Hima Cement Clarifies On Court of Appeal Ruling

Hima Cement Ltd has come out dismissing media reports that it was declared non-existent by court.

The company described as misleading, a Daily Monitor story which claimed the constitutional court had ruled that Hima Cement was a nonentity.

Justices Christopher Madama, Geoffrey Kiryabwire and Kenneth Kakuru of the Constitutional Court are quoted in the story, stating that having failed to properly reregister with the Registrar of Companies, after it changed its name from Hima Cement to Hima Cement Ltd, the company “ceased to have legal rights”

In this court case which has been dragging on since 2012, Hima Cement Ltd is clashing with East Africa Gold Sniffing over limestone mining rights in Kasese.

In a statement however, Hima Cement says the court ruling was misconstrued by the reporter.

“Hima Cement was legally incorporated in Uganda as a company on the 14th of December 1994 under the name Hima Cement (1994) Limited. The Company lawfully applied to change its name to the current name, Hima Cement Limited in 1999 and the Uganda Registration Services Bureau (URSB) duly issued a certificate of change of name. Hima Cement Limited therefore exists as a corporate entity in law,” said the company in a statement.

“The Judgment of the Court of Appeal concerns a historical and ongoing dispute between Hima Cement and East African Gold Sniffing Company Limited regarding the proprietary rights to a limestone mining area in Kasese District in Western Uganda.

“The Court of Appeal Judgment does not declare Hima Cement to be a non-existent legal entity as has been reported… The Court of Appeal dealt with a single preliminary point of law as to capacity and determined that the grounds of appeal raised by the Attorney General concern the private rights of Hima and owing to this, Hima is the rightful party to present the issues raised in the appeal.”

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As such, Hima says the report was “out of context under what we consider an irresponsible headline without due concern to the ramifications that this would have on Hima Cement Limited as a company, investors and shareholders, the Government of Uganda, its staff and business partners, and the communities in which the company operates.”

The company went on to reassure clients, business partners and the general public that it is operational and continues to exist as a legal entity and this has been confirmed by URSB.

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