Court overrules Wavamunno objection
May 06, 2009
THE High Court yesterday dismissed preliminary objections raised by businessman Gordon Wavamunno’s lawyers in a case where the prominent businessman is accused of fraudulently obtaining land in Wakiso district.
By Charles Ariko
THE High Court yesterday dismissed preliminary objections raised by businessman Gordon Wavamunno’s lawyers in a case where the prominent businessman is accused of fraudulently obtaining land in Wakiso district.
Gertrude Nakiyimba accused Wavamunno of forging signatures that led him to acquire the land she says she inherited from her father.
Wavamunno is jointly sued with the Registrar of Titles, who is alleged to have caused erroneous entries on the certificate of title.
Nakayimba says she inherited the 16.3 hectare land from her late father, Daudi Kasimbazi. The land is located on Block 453, Plot 16 in Tende, Busiro, Wakiso district.
The Nakawa High Court resident judge, Joseph Murangira, yesterday said Nakayimba had the mandate to sue Wavamunno in her own name.
“The powers of attorney granted to the plaintiff (Nakayimba) is clear. It mandates Nakayimba to sue in her name to recover the property,†Murangira ruled.
“There is no fundamental mistake committed by the plaintiff when she sued in her own name and not through the Administrator General,†he added.â€
Wavamunno, through his lawyers, Kalenge, Bwanika and Kimuli and Company Advocates, had argued that Nakayimba could not sue on her own unless she did it through the Administrator General who gave her powers of attorney.
“The suit is proper before this court. The preliminary objection has no merit. It is accordingly dismissed with costs. I order that the hearing of the suit proceeds on its own merits,†Murangira ruled.
Nakiyimba is seeking a permanent injunction restraining Wavamunno from interfering with the ownership of the land.
She also wants Wavamunno’s name cancelled from the land title and be replaced with that of a personal representative of her father.
THE High Court yesterday dismissed preliminary objections raised by businessman Gordon Wavamunno’s lawyers in a case where the prominent businessman is accused of fraudulently obtaining land in Wakiso district.
Gertrude Nakiyimba accused Wavamunno of forging signatures that led him to acquire the land she says she inherited from her father.
Wavamunno is jointly sued with the Registrar of Titles, who is alleged to have caused erroneous entries on the certificate of title.
Nakayimba says she inherited the 16.3 hectare land from her late father, Daudi Kasimbazi. The land is located on Block 453, Plot 16 in Tende, Busiro, Wakiso district.
The Nakawa High Court resident judge, Joseph Murangira, yesterday said Nakayimba had the mandate to sue Wavamunno in her own name.
“The powers of attorney granted to the plaintiff (Nakayimba) is clear. It mandates Nakayimba to sue in her name to recover the property,†Murangira ruled.
“There is no fundamental mistake committed by the plaintiff when she sued in her own name and not through the Administrator General,†he added.â€
Wavamunno, through his lawyers, Kalenge, Bwanika and Kimuli and Company Advocates, had argued that Nakayimba could not sue on her own unless she did it through the Administrator General who gave her powers of attorney.
“The suit is proper before this court. The preliminary objection has no merit. It is accordingly dismissed with costs. I order that the hearing of the suit proceeds on its own merits,†Murangira ruled.
Nakiyimba is seeking a permanent injunction restraining Wavamunno from interfering with the ownership of the land.
She also wants Wavamunno’s name cancelled from the land title and be replaced with that of a personal representative of her father.