Court: Property battle against Peter Sematimba resumes

PIC: Themi Nakibuuka Sebalu (left) has sued her uncle Peter Sematimba

COURT | SEMATIMBA VS. NIECE NAKIBUUKA

Retired deputy Chief Justice Alice Mpagi-Bahigeine and city tycoon Gordon Wavamunno are expected to give evidence in a legal battle against Busiro South MP Peter Sematimba.

The Family Division of the High Court has set October 3 and 4, 2017 as the date to hear the evidence from the two crucial prosecution witnesses, who are said to be trustees of the estate that was left behind by Paulo Sebalu, the former senior lawyer and partner with Sebalu and Lule Advocates.

A handwriting expert is also expected to give evidence.

Themi Nakibuuka Sebalu, the daughter and only child of the late Sebalu, sued her uncle Sematimba, seeking to evict him from her late father’s property. She also wants millions of shillings in damages for depriving her of her father’s property.

Nakibuuka accuses Sematimba of fraudulently acquiring her father’s Muyenga Club and renaming it Muyenga Resort Hotel Limited.

She also accuses Sematimba of fraudulently acquiring her father’s other pieces of land in Kyaddondo Block 244 plots 1791, 1792, 5867 and 3646 all situated at Muyenga Hill and; Kyaddondo Block 246 Plot 1972, Kyaggwe Block 149 Plots 226 and 202.

Justice Percy Night Tuhaise is hearing the case.

Represented by John Mary Kiwwuwa and David Mpanga, Nakibuuka also seeks orders compelling Ssematimba to handover to her all the certificates of titles that he allegedly dubiously transferred in his names and an order stopping him from further meddling in her late father’s estate.

She also accused the Land Registry of fraudulently assisting Sematimba in acquiring her father’s estate. Nakibuuka has asked the court to order the Land Registry to immediately de-register Sematimba from all her father’s land title.     

According to court records, Sematimba denies Nakibuuka’s allegations, saying the late Sebalu gifted the property to him when he was still alive.

Represented by Charles Ssemakula Muganwa, Sematimba in his written statement of defence, states that Sebalu relinquished his interest in the properties on March 3, 2013 when he signed the transfer forms.

However, Nakibuuka told court that her father could not have signed the transfer forms at the time Sematimba claims, because he was suffering failing health due to advanced age.

She says he was visually impaired, incapable of seeing or knowing the contents of any documents and; therefore, he was not in any frame of mind or sight to be able to sign the transfers of his properties.

At the last hearing, former Attorney General Godfrey Serunkuuma Lule and Joseph Luswata, who were Sebalu’s partners at the law firm, told the court that before Sebalu died, he had confided in them that Nakibuuka was his only biological child.

Luswata told the court that he was one of the people that recovered Sebalu’s Will that was still in draft at the time of his death. The draft itemised five plots of land at Muyenga and that he would set up a fully-fledged trust, if he ever lived.