Businessman Sudhir Ruparelia and his company, Meera Investments Limited, have won a $741,250 award in the Commercial Court after the court found that architectural firm FBW (U) Limited breached a consultancy agreement by failing to provide usable construction drawings for the expansion of Kabira Country Club apartments.
In a judgment delivered on April 3, 2026, Justice Susan Odongo ruled that FBW failed to deliver editable CAD files required for construction works and also demanded payments before the agreed construction milestones had been reached.
Court documents show that the dispute originated from a consultancy arrangement first signed in 2012 and later revived as Meera Investments moved forward with plans to expand the serviced apartments section at Kabira Country Club.
Under the agreement, FBW was contracted to provide a full construction drawings package including architectural drawings, engineering designs, and editable CAD files needed by contractors and consultants during implementation of the project.
However, the court heard that FBW later submitted static PDF drawings approved by Kampala Capital City Authority instead of editable CAD files that Meera Investments considered essential for actual construction.
According to evidence before court, the PDF drawings could not effectively be used by contractors to make adjustments and modifications on site, forcing the developer to seek fresh consultants to recreate the technical documents.
Justice Odongo ruled that although the agreement did not expressly mention editable CAD files, previous dealings between the parties made it clear that such files formed part of the expected deliverables.
“The withholding of usable editable CAD files deprived the plaintiff of the very benefit for which the consultancy agreement had been entered,” the judge ruled.
The court further found that FBW demanded payment of the fourth and fifth instalments before physical construction had commenced, contrary to the parties’ understanding under the agreement.
Court records show that Meera Investments eventually paid $132,750 under pressure as it attempted to keep the project moving.
“The defendants demanded in between construction payments before the construction milestones contemplated by the parties had occurred,” the judgment noted.
The court heard that after failing to obtain workable files from FBW, Meera Investments hired replacement consultants including Design 256 Ltd, CONSTULKA and Chase Consults Ltd to reconstruct and convert the drawings into usable construction documents.
The reconstruction process reportedly delayed the project for nearly eight months.
“The plaintiff incurred additional expenses in engaging replacement consultants because the documents delivered by the defendants were not fit for purpose,” the court stated.
Justice Odongo consequently ordered FBW to refund $132,750 paid by Meera Investments after finding there had been a total failure of consideration under Section 53 of the Contracts Act.
The court also awarded $108,500 in special damages representing the costs incurred in hiring replacement consultants.
In addition, Meera Investments was awarded $500,000 in general damages for loss of business opportunity arising from the delays caused by the dispute.
However, the court declined to award exemplary damages.
The judgment also held two architects connected to the consultancy personally liable, with the court ruling that registered professionals cannot automatically avoid responsibility through the protection of a corporate entity.
“The 2nd and 3rd Defendants owed a direct professional duty of care to the Plaintiff arising from their personal seals, licenses and professional representations,” Justice Odongo ruled.
The case traces back to 2020 when Meera Investments sued FBW together with architects Nigel Tilling and Paul Moores over alleged breach of contract and professional negligence linked to the Kabira Country Club expansion project.
During earlier proceedings, the architects attempted to remove themselves from the suit by arguing that the contract had been signed by FBW as a company and not by them individually.
However, the Commercial Court allowed the claims against them to proceed, paving the way for the full trial that resulted in the latest judgment.
The court further awarded interest on all the sums, together with costs of the suit, in favor of Meera Investments.
