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KAMPALA - Hearing of a case in which a bank seeks to sale the property belonging to the late Bulaimu Muwanga Kibirige popularly known as BMK over a shillings 10 billion debt flopped on Tuesday, February 20, 2024, because the parties were not ready.

This prompted Commercial Court Judge Stephen Mubiru to adjourn the case to April 3, 2024, for hearing.

“Since you are not ready and the witness are not in court, this matter is deferred to April 3, 2024,” he said.

The property, worth shillinhs 10 billion comprised on block 273 plot 46 Mulambula Road, is located at Buziga in Makindye division, Kampala district.

Last year, the court blocked the sale of the property following an application filed by Ali Muwanga Kibirige, the executor of the estate of the late. The bank had obtained a warrant of attachment and sale of the property on January 19, 2023.

The court also issued an order, restraining one of the sons of the late BMK, Haruna Kalule Muwanga, and the Commissioner Land Registration from carrying out any activity on the land.

In his affidavit, Ali Muwanga contends that the respondents fraudulently and without any colour of right transferred the land from the name of the deceased to Kalule.

BMK passed away on September 10, 2021, at Aga Khan Hospital in Nairobi, after battling cancer for long. After his demise, Ali Muwanga was granted letters of probate to manage his estate.

The court heard that the Commissioner Land Registration had issued a second notice of intention to effect changes in the register on February 14, 2023.

Ali Muwanga contends that during a public hearing at the land’s ministry on March 9, 2023, his lawyer Adam Kirumira caused the examination of the signature of the late BMK on the transfer form used by Kalule and found that the signature was forged.

He, therefore, seeks a declaration that the property is part and parcel of the estate of the late BMK.

Ali Muwanga also seeks a declaration that the transfer of the land from the name of the late BMK to Kalule on March 7, 2022, was illegal and fraudulent.

Another case

The development comes at a time when Ali Muwanga is also seeking to stop Equity Bank Uganda Ltd from selling sh2b matrimonial property, located on plot 15 Upper Naguru in Kampala.

In the case before the Commercial Court in Kampala, Ali Muwanga is suing his siblings, Haruna Kalule Muwanga, Shadia Nabunya Muwanga and Sophia Bayiga Muwanga (the deceased’s wife). The Commissioner Land Registration is also a respondent in the matter.

Ali Mwanga accused his siblings of mortgaging the property with the bank without his knowledge.