Jinja High Court releases interim order over Kakindu Stadium

Feb 05, 2016

Kakindu stadium houses Kakindu Community Centre, Former Jinja Central Division offices, Kakindu House Club, Kakindu Stadium, Jinja Public library and a volleyball court.

AN interim order has been issued by the High Court in Jinja restraining Kirunda Mubarak, the Jinja Central Division L.C III chairperson from carrying out any activities at Kakindu stadium.

 

The order also restrains Kirunda's agents, servants, assignees or any person claiming through him (Kirunda) against using or occupying Kakindu Stadium but leave it vacant.

 

The order comes in after an application arising from Land civil suit no. 007 of 2016 was filed by the registered Trustees of the Indian Recreation Club against Kirunda Mubarak, the L.C III chairperson of Jinja Central division.

 

It was issued by his Worship, Byaruhanga Rwegyema Jesse, a deputy registrar, on January 28th, 2016 in the presence of the applicant's agents; Rajni Taylor the chairperson of the Indian Association of Uganda board of Trustees, Raojibhai Patel the chairperson of Indian Association Jinja and their counsel Moses Kiiza of M/S Angualia Busiku & Co. Advocates.

 

It was also issued in the absence of the Respondent/defendant (Kirunda) though duly served.

 

According to Moses Kiiza, a counsel of the registered trustees of the Indian Recreation Club, the application sought for orders that an interim order be issued staying and maintaining the suit land comprised on LRV 421 Folio 4 plot Nos. 17-27, Gabula road in Jinja, which is known as Kakindu Stadium.

 

Kakindu stadium houses Kakindu Community Centre, Former Jinja Central Division offices, Kakindu House Club, Kakindu Stadium, Jinja Public library and a volleyball court.

 

"The order restraining the respondent (Kirunda), his agents, servants and or any persons acting on his behalf or in his name from wasting, damaging, alienating, selling or committing any further act of trespass on the suit land pending the hearing and disposal of Misc. Application No. 21 of 2016 or until further orders of court is valid until March 28, 2016," Kiiza said.

 

The plaintiffs also claim for general damages for trespass and inconvenience and want Kirunda to pay to the plaintiffs profits being all the rent he has collected from the suit property from March 2014 until payment in full at a rate of sh10m per month and interest at a rate of 25% per annum from the date of judgment until payment is completed in full.

 

"Plaintiffs have also claimed for a permanent injunction restraining the defendant and his agents from interfering with the suit property to stop depositing murram on the suit property and constructing a pavilion there at, and committing any act of trespass," Kiiza stated.

 

He said the plaintiffs also claim for exemplary damages and also a cost of the suit.

 

 

Kiiza adds that the plaintiffs have at all material times been the legitimate and legal owners of the suit property.

 

"The suit property was leased to them on January 1st, 1913 for a term of 49 years, which term had to expire on December 31st, 1962, but before the said term expired, sometime in May 1960 new arrangements were made between the plaintiffs and the then controlling Authority (Jinja Municipal Council) for the extension of the said lease for a further term of 49 years on the condition that the plaintiffs surrendered the remaining period of the earlier lease and pay the requisite fees which they fulfilled," Kiiza added.

 

Having accepted and complied with all the conditions set by the controlling Authority, a new lease was subsequently granted to the plaintiffs for further term of 49 years within effect from July 1st, 1960.

 

That the plaintiffs paid all the relevant fees to the Ministry of Lands and obtained occupation permits for the buildings they had constructed on the suit property and even acquired a certificate of title and a new lease offer from the Ministry of Lands.

 

"By the time the plaintiffs and other members were expelled from Uganda in 1972, the lease of the suit property was still subsisting and when they came back from exile, they claimed and repossessed the suit property vide certificate Authorising Repossession No. 2789 dated March 6th,1996," Kiiza explained.

 

He further said that following a complaint from Jinja Municipal Council (JMC), the then Minister of Finance, Planning and Economic Development, Gerald Ssendawula, wrote to the plaintiffs on September 6th, 2000 cancelling their repossession certificate.

 

But the cancellation was challenged in the High Court by the plaintiffs vide HCCS No. 0108/2002 and a consent judgment dated April 29th, 2004 setting aside the cancellation was signed between the plaintiffs and the Attorney General and the repossession certificate accordingly re-instated.    

 

Kiiza adds that an application in 2004 by JMC and Jinja Central division to set aside the said consent judgment was dismissed with a directive that the lease contract between the plaintiffs and the controlling Authority was binding.

 

Following the said High Court orders dated December 16th, 2009, the plaintiffs applied to Jinja District Land Board for renewal of their lease and under minute No. JDLB/16/01/2010 of January 15th, 2010, their lease was renewed and extended for 49 years from January 1st, 2010.

 

That owing to the plaintiff's intention to do a massive reconstruction of the stadium on the suit property to international standards, they applied for and were granted a 99 year lease by Jinja District land Board on June 11th, 2012.

 

 

In 2010, Jinja Central Division and Jinja Municipal Council sued the plaintiffs for a declaration that they are the owners of the suit premises where in plaintiffs counterclaimed for rent arrears totaling to shs720 millions from April 24th/2004, sought an order of vacant possession, damages and costs.

 

But the said suit has never taken off although JMC has already expressed their loss of interest in the same and invited the plaintiffs to amicably settle the matter through the town clerk.

 

JMC has since vacated the suit premises and that inspite of that lengthy background of the plaintiffs legal ownership of the suit property, Kirunda Mubarak (defendant), an L.C III chairperson for Jinja Central division, with full knowledge of those facts refused to vacate the property and illegally, unlawfully and without any colour of right began and still continues to pour murram on the suit property and also construct a pavilion.

 

As a result of the defendant's illegal actions, part of the Kakindu stadium wall has collapsed and JMC has disassociated itself from the defendant's illegal actions and written to him directing him to stop his illegal actions but in vain.

 

Kiiza said the plaintiffs have suffered general damages for trespass, inconveniencies, great financial loss and mental anguish for which they hold the defendant liable and a notice of intention to sue was served on the defendant but the same was ignored.

 

The High Court registrar in Jinja, Jesse Rwegyema, also summoned Kirunda requiring him to file a defence in the said suit within 15 days from the date of service of the summons to him in the manner prescribed under 0.9r.1, of the civil procedure rules.

 

The summons dated 20th/January/ 2016 stated that should Kirunda fail to file a defence on or before the date, the plaintiff may proceed with the suit and judgment may be given in his (Kirunda) absence.

 

Kakindu is also home ground of JMC Football Club and Bull Football Club and houses a church but all these are subjected to seeking permission from the registered trustees of the Indian Recreation Club if they want to use the Stadium.      

 

Kirunda Mubarak told New Vision in a telephone interview on Thursday that he received a copy of the interim order from court.

 

"I am sick at the moment but what I can say is that the order was served to a wrong person, Kakindu will remain under hands of Jinja Central Division and I will continue with my activities of constructing a pavilion in the stadium," Kirunda said.

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