Muhangi appeals over Baganda Bus Park
Sep 24, 2007
FORMER rally driver, Charles Muhangi, has asked the Court of Appeal to allow him challenge a High Court judgment that deprived him of the Baganda Bus Park ownership.
By Hillary Nsambu
FORMER rally driver, Charles Muhangi, has asked the Court of Appeal to allow him challenge a High Court judgment that deprived him of the Baganda Bus Park ownership.
Muhangi, the managing director of Horizon Coaches, said the High Court made a mistake to allow a consent judgment between Kampala City Council (KCC), Uganda Bus Operators Association (UBOA) and Kobil, saying it was characterised by numerous illegalities.
The consent judgment read: “By signing this consent judgment, Kobil has confirmed and acknowledged the receipt of a refund of all the monies plus interest it had paid to UBOA Investments under the assignment, which has been abandoned.â€
It was alleged that Muhangi had the lease title of the property comprised in plots 43-47 and 48-52 Nakivubo Road in Kampala.
Appearing before a panel of three justices led by Justices Alice Mpagi-Bahigeine last week, Muhangi’s lawyer, John Matovu, said their application to set aside the consent judgment was dismissed by the court registrar, who had no authority over their appeal. The other members of the panel were Christine Binayiisa Kitumba and Constance Kategaya Byamugisha.
“There were illegalities committed by the parties to the consent judgment and UBOA signed it before it became a party to the suit in which Muhangi was challenging the transfer of the bus park by Kobil,†Matovu said.
Matovu added that they applied to the Court of Appeal, because the High Court had a busy schedule.
The lawyer said the trial court ignored their objections and ruled that Muhangi should file a suit to challenge it, hence the new application.
However, lawyers representing KCC and UBOA requested the court to dismiss Muhangi’s application, arguing that he should have made his application before the trial judge.
They also said the applicant should have adhered to the High Court rules before going to the Court of Appeal.
The court said it would rule on the matter on a date to be announced soon.
FORMER rally driver, Charles Muhangi, has asked the Court of Appeal to allow him challenge a High Court judgment that deprived him of the Baganda Bus Park ownership.
Muhangi, the managing director of Horizon Coaches, said the High Court made a mistake to allow a consent judgment between Kampala City Council (KCC), Uganda Bus Operators Association (UBOA) and Kobil, saying it was characterised by numerous illegalities.
The consent judgment read: “By signing this consent judgment, Kobil has confirmed and acknowledged the receipt of a refund of all the monies plus interest it had paid to UBOA Investments under the assignment, which has been abandoned.â€
It was alleged that Muhangi had the lease title of the property comprised in plots 43-47 and 48-52 Nakivubo Road in Kampala.
Appearing before a panel of three justices led by Justices Alice Mpagi-Bahigeine last week, Muhangi’s lawyer, John Matovu, said their application to set aside the consent judgment was dismissed by the court registrar, who had no authority over their appeal. The other members of the panel were Christine Binayiisa Kitumba and Constance Kategaya Byamugisha.
“There were illegalities committed by the parties to the consent judgment and UBOA signed it before it became a party to the suit in which Muhangi was challenging the transfer of the bus park by Kobil,†Matovu said.
Matovu added that they applied to the Court of Appeal, because the High Court had a busy schedule.
The lawyer said the trial court ignored their objections and ruled that Muhangi should file a suit to challenge it, hence the new application.
However, lawyers representing KCC and UBOA requested the court to dismiss Muhangi’s application, arguing that he should have made his application before the trial judge.
They also said the applicant should have adhered to the High Court rules before going to the Court of Appeal.
The court said it would rule on the matter on a date to be announced soon.