Hima Cement Ltd Exists as a Corporate Entity in Law

16.06.2020

 

We make reference to an article headlined ‘Hima Cement does not exist, court rules’ published in Sunday Monitor of 14th June 2020 and widely circulated on various social media and electronic media channels.

 

 

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.

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. This dispute has involved legal proceedings before the Minister of Energy and Mineral Development, the High Court and the Court of Appeal.

The Court of Appeal Judgment does not declare Hima Cement to be a non-existent legal entity as has been reported in the Sunday Monitor of 14th June 2020. 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.

It is unfortunate the Daily Monitor misconstrued the Judgment and published a story 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.

We further believe the Daily Monitor should have taken a moment to reach out to the Management of Hima Cement Limited for comment or clarification prior to the publication of the article. 

Hima Cement Limited reassures its 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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