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Court asks for written submissions in city trader’s case



FILE PHOTO: City trader’s lawyer Erias Lukwago.

Kampala, Uganda | THE INDEPENDENT | The High Court Land Division has ordered the warring parties in the Qualicel Bus Terminal property row to file written submissions.

Justice Alexandra Nkonge made the directive on Tuesday citing the busy schedule of her court.

292 traders operating on the contested Qualicel Bus Terminal building are seeking for temporary court orders allowing them to deposit rent on an independent account until the dispute over the ownership of Qualicel, Nabukeera and Jamboree is resolved.

The dispute pits Drake Lubega, Mansur Matovu also known as Yanga and Horizon Coaches Limited. The parties appeared before Justice Nkonge on Tuesday afternoon.

She asked the applicants through their lawyer, Erias Lukwago to make written submissions before April, 23rd to allow the respondents who include Lubega and Yanga to file replies before April, 30th, 2019.

Justice Nkonge said that if there is any rejoinder, it should be made before May 3rd, saying Judgment will be on notice.

She explained that the matter needs to be heard expeditiously because there is another suit filed by Horizon Coaches Limited against Lubega and Yanga scheduled for hearing on November, 28th, 2019.

Horizon Coaches Limited wants Court to declare that the two businessmen are not the rightful owners of the contested property.

Trouble between the traders and the businessmen started after the death of Charles Muhangi, the former Manager Director of Horizon Coaches Limited in 2018.

Through their lawyers, the traders claim that the two businessmen started demanding rent yet they were paying Horizon Coaches Limited.

The applicants presented demand notes issued by the businessmen for the months of February and March 2019.

They also claimed that when they protested the demand notes the businessmen locked up their shops and deployed stick wielding men to intimidate them.

The traders argue that the actions of the businessmen have taken a huge toll on their businesses. Uganda Bus Owners Association has also laid claim on the same buildings.

The Chairperson of the Association, Hamim Ssentogo also issued the traders demand notices on Monday, saying neither Horizon Coaches Limited, nor Lubega or Yanga owns the contested buildings.

Early this month, government through the Kampala State Minister, Benny Namugwanya Bugembe pronounced it’s self on ten issues regarding the contested buildings.

One of them was that government, through the Attorney General’s office shall explore modalities of opening up an escrow account, where rent accruing from the disputed building from February 2019, shall be paid and held therein until the final case is determined by courts of law.

However, this is yet to be implemented.



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