Peter Ssematimba reinstated in the disputed Muyenga Club management

Nov 27, 2014

THE Supreme Court has confirmed a ruling in which the Court of Appeal upheld the High Court ruling, restoring Super FM Radio proprietor and managing director, Peter Ssematimba into the Muyenga Club.

By Hillary Nsambu

THE Supreme Court has confirmed a ruling in which the Court of Appeal upheld the High Court ruling, restoring Super FM Radio proprietor and managing director, Peter Ssematimba into the Muyenga Club.

The former Kampala Lord Mayoral contender an businessman, Ssematimba, had been evicted from the Muyenga Club and stopped from managing the multimillion billion worth estate left behind by the late city senior lawyer Paulo Sebalu.

Ssematimba, who is a nephew of the late Sebalu and also a big shareholder in the Muyenga Club, had been evicted by Sebalu’s daughter, Themi Nakibuuka Sebalu, who had obtained an interim order issued by a High Court registrar eight months ago.

By a 4-1 majority ruling, the Supreme Court also ruled that the Court of Appeal was right to uphold the High Court ruling stopping Themi Nakibuuka from evicting Ssematimba from Muyenga Club.

The High Court was right to quash the registrar’s orders on the ground that the eviction order against Ssematimba had been issued illegally.

Justices Bart Magunda Katureebe, Jotham Tumwesigye, JohnWilson Tsekooko and Christine Kitumba made the majority ruling.

Supreme Court registrar Loy Byaruhanga read the rulings on their behalf.
Justice Dr. Esther Kisaakye Kitimbo dissented.

Nakibuuka, who is the only child of the late Sebalu, sued Ssematimba accusing him of grabbing her father’s estate upon his death.

She had also accused him of having a hand in her father’s death, an allegation Ssematimba vehemently denies.
At the same time Nakibuuka was granted the interim order that she used to evict Ssematimba from the Muyenga Club.

However, Ssematimba, who was represented by Nsubuga Ssempebwa and Ssemakula Muganwa, successfully applied to the High Court for orders quashing the registrar’s eviction orders on the ground that they had been erroneously and illegally issued by the registrar.

Upon appealing against the High Court ruling, Nakibuuka lost in the Court of Appeal, hence this civil application in the Supreme Court, which she had also lost.

The majority ruling restored Ssematimba into the management of the Muyenga Club and other estates of the late Paulo Sebalu, who was the majority shareholder in the Muyenga Club.

“The best course should be for the applicant to have the pending suit heard and decided as quickly as possible,” the court ruled.

Ssebalu, who was a prominent, distinguished senior city lawyer, was said to have died intestate (without leaving a Will) on November 8, 2013.

He died of cardiac arrest. He was also said to have left no spouse.

He was, however, said to have left a daughter Themi Nakibuuka Sebalu.