By Andante Okanya
A city property developer Kitandwe Enterprises Limited is battling Kampala Capital City Authority(KCCA) over lease ownership of prime pieces of land located in the city centre.
In an application for judicial review filed on October 18 at the High Court in Kampala, the developer accuses KCCA of encroachment on its land.
Judicial review is conducted by the High Court in relation to proceedings plus decisions taken by subordinate courts and inferior tribunals or bodies.
The developer wants court to quash KCCA’s move, on grounds that it has a sub-lease that runs from 2010, and expires in 2015. The sub-lease was obtained during the tenure of the KCCA’s predecessor, Kampala City Council.
The contentious land is listed as plots 1-20 Allen Road,40-48 Nakivubo Place, and 22-38, created out of LRV 2632 Folio 11 Plot M647.
The petition was jointly filed with its sister company Mariana Agencies Limited. Through Capital Law Partners and Advocates, the petitioners want court to denounce KCCA’s purported actions as illegal, unfair and breach of principles of natural justice.
The application is supported by the affidavit of city tycoon Tom Kitandwe, a director of the petitioners. He asserts that KCCA is bound by the agreements of its predecessor.
Kitandwe states that the two companies have fulfilled their contractual obligations, despite KCCA’s actions. He however does not state the fee paid for the lease.
“The applicants have continued to pay ground rent for the said land and met all their obligations under the sub lease agreement,” Kitandwe states.
Additionally, he asserts that he was shocked to find that construction had commenced on the land.
Kitandwe explains that the applicants were unable to develop the land at the time, since they had not obtained vacant possession of the land, as reconstruction of the new taxi park had started.
He further states that prior, the applicants submitted building plans which were approved by KCCA’s Physical planning committee.
KCCA is yet to file its reply. A hearing date is yet to be scheduled.