Court orders "Princess" to refund over sh100m to land buyer
Jul 01, 2014
Nakawa High Court has ruled that Faridah Naluwembe Namirembe-Bwanga, referring to herself as “Princess”, must refund Sh175m to a city businessman.
By Hillary Nsambu
Nakawa High Court circuit sitting Justice Wilson Masalu Musene has ruled that Faridah Naluwembe Namirembe-Bwanga, referring to herself as “Princess”, must refund Sh175m to a city businessman Andrew Kawuki, saying that she sold him air instead of land.
Dismissing an application in which “princess” Naluwembe had sought to be permitted to defend herself against the suit by Kawuki for the recovery of the money against her, the judge also ordered her to pay interest at bank rate on the money plus the taxed costs of the suit amounting to over sh66m.
The judge agreed with Hassan Kamba, representing Kawuki, arguing that even if, as she claimed, that she sold the land under powers of attorney from Hajati Nassuuna Hanifa, which powers were never there, she was only authorized, according to the documents on record, to look for potential buyers, but not to sell.
Kamba had also argued that the land Namiremebe purported to sell on behalf of principal, Hajati Nassuuna Hanifa, did not even belong to either of them.
The court further agreed with Kamba that according to the Land registry, the land in question, which is comprised in Kibuga Block 18, Plot 153 situated at Nateete did not belong to either Naluwembe or Nassuuna, as the former (Naluwembe) claimed, but to Karoli Kizito, according to the Lands Registry.
The court further agreed with Kamba’s submission that Naluwembe very well knew that she was selling air, a transaction that was fraudulent. Neither “princess” Naluwembe nor Hajati Nassuuna was in Court.
The court rejected submission by Naluwembe’s lawyer Swabur Manzuq, who had said that as an agent of Nassuuna, she had issues to present to court. The judge ruled that it was not enough to say that there are issues without mentioning them.
The court ruled that it was noteworthy that the applicant Naluwembe conceded to part of the case and accepted to refund sh157m as part of the total amount and say that she would contest the other part of sh175m.
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