Tumukunde has instructed Court bailiffs of Elders and Hai General Agencies to carry out the execution.
Farooq Kasule
Journalist @New Vision

COURT | GEN TUMUKUNDE | JOMAYI 

KAMPALA - As the Government is devising means of getting a lasting solution to land eviction, over 1,210 people are facing eviction over a land row involving real estate mogul Joseph Yiga Magandazi aka Jomayi and Lt. Gen. Henry Tumukunde. 

Yiga is the proprietor of Jomayi Property Consultants Ltd, while Tumukunde is a former presidential candidate. 

The 200 acres are at Njagi, Bujjuko, Jomayi Satellite Estate on Mityana Road in Mpigi district. 

According to court documents, in December 2012, Jomayi and Tumukunde entered into a sales agreement, committing to sell the land to the former, sh3.5b payable within three months. 

It is further indicated that Jomayi paid over sh2.9b remaining with a balance of over sh900m, which Tumukunde claims that Jomayi failed to pay despite several reminders, prompting him to cancel the sale agreement. 

When Tumukunde threatened to cancel the agreement in 2015, Jomayi dragged him to the commercial court. 

The suit culminated into a consent judgment endorsed by Judge (rtd) David Wangutusi and Jomayi undertook to clear the outstanding balance of over 1.3b at an interest of 15% per annum. 

It was also agreed that the money was to be paid in four instalments of about sh283m beginning July 1, 2015. 

Tumukunde was also required to deposit the land title, photos and transfers in court for custody until full payment, but in vain. According to an execution order dated November 9, 2021 signed by the commercial court registrar, Tumukunde has been allowed to sale the estate to recover the balance of sh1b and an interest of 15% imposed on the sum in 2015. 

Tumukunde has since instructed Court bailiffs of Elders and Hai General Agencies to carry out the execution. 

An advert seen by New Vision indicates that the eviction will take place on Friday this week. 

The residents, led by their chairperson, Ivan Byaruhanga, however, have vowed to block the eviction saying they are bonafide purchasers. 

“We all have sales agreement from Jomayi, we paid our money and we are waiting for Jomayi to give us our titles and Tumukunde has no powers to evict us,” Byaruhanga said. 

Byaruhanga also faults the court for endorsing the eviction, which is highly prejudicial to their interests having duly bought land from Jomayi. 

He said court should have directed Tumukunde to attach other properties of Jomayi to recover his money instead of ordering for their eviction. 

“We suspect that Jomayi and Tumukunde have connived to evict us after taking our money, but we are not going to accept it unless they kill all of us,” Byaruhanga added. 

John Nkundizana, 62, wants President Yoweri Museveni, Lands Minister Judith Nabakooba and Col. Edith Nakalema to intervene in the matter. 

Jane Frances Namazzi, 82, said: “I suspect that Tumukunde and Jomayi want to cheat us. How would he have allowed Jomayi to advertise and sale the land to us yet he knew he had never paid him?” 

New application 

Meanwhile, the residents have filed an application seeking to have the consent judgement and subsequent execution order set aside, saying it is highly prejudicial to their interests, which were ignored and not considered by the court. 

Through their lawyers of M/s Stellah Busingye and company advocates, they claim that the availability of new and compelling evidence is sufficient reason for review of the consent judgment and execution order. 

The application is set to be heard on Tuesday. 

Efforts to get a comment from Tumukunde and Jomayi were futile as the various calls made to their respective known cellphones went unanswered.

Woes 

Last year, NC Bank sued Jomayi seeking to have it liquidated over a sh925m debt. 

The debt resulted from a land transaction on land comprised in Block 410, Plot 20 at Sisa in Wakiso district measuring 63 acres. Court documents indicate that on September 11, 2019, Jomayi entered into a consent judgment with the bank to pay its outstanding balance of sh1.1b over a botched land transaction not later than December, 30, 2019 but in vain. 

In the counterclaim, Jomayi claims that the statutory demand notice from the bank was never transmitted to the management by receptionist Bosco Ounya who allegedly received it. 

Magandazi says he is determined to pay the debt. The matter is yet to be dissolved by the court.

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