Sudhir ordered to give up land title
Jan 04, 2009
PROPERTY mogul Sudhir Ruparelia has been ordered to surrender the land title for the Chieftaincy of Military Intelligence (CMI). The order was contained in a letter written by the acting Commissioner for Land Registration, Sarah Kulata Basangwa, to Speke
By Hillary Nsambu
PROPERTY mogul Sudhir Ruparelia has been ordered to surrender the land title for the Chieftaincy of Military Intelligence (CMI). The order was contained in a letter written by the acting Commissioner for Land Registration, Sarah Kulata Basangwa, to Speke Hotel owned by Sudhir.
The commissioner also indicated in the letter that she intended to cancel the title, saying Sudhir irregulary acquired it.
“You are hereby given notice that I intend to cancel your title because it was issued in error without payment of the requisite fees and was issued on a misrepresentation that the premium was to be in kind whereas not,†said the letter
“You are required to bring back the duplicate of title in your possession to effect the changes and notify me of any objections to the proposed actions. You should respond to this notice within 21 days from the date of service on you here of.â€
Sudhir has petitioned court to block the cancellation of the title for the 15-acre land on which the CMI has its headquarters.
Sudhir maintains that he legally and rightfully acquired the land as compensation for the land that was taken away from him.
The said land was formally occupied by Shimoni Teacher’s College and Demonstration School. It was later re-allocated to Kingdom Holdings Limited of Saudi Arabia.
Basangwa argued that the land title in the names of Speke Hotel (1996) Ltd. was irregularly acquired.
Sudhir, the chairman and managing director of Ruparelia Group of Companies, also owns Speke Hotel, which is claiming the CMI land.
In her letter of December 1, 2008, Basangwa said she had received a complaint from the Uganda Land Commission (ULC) that Sudhir did not pay the requisite fees and “the original lease offer had been tampered with.â€
The letter did not explain how and who had tampered with the lease offer.
The four-page letter also quoted the Ministry of Defence as requesting her office to place a caveat on the land, saying there were several issues to settle.
Basangwa also advised Sudhir to liaise with the ULC and pay the requisite fees and fulfil the other lease conditions. After which, another title may be prepared for him.
Basangwa wrote the letter after Sudhir requested the Commissioner for Land Registration to remove a caveat lodged on the land by the defence ministry.
Sudhir has since applied to court to restrain the commissioner from changing the register in respect of the CMI property on Plot 1, Kira Road in Kampala.
In his affidavit to stop the cancellation, Sudhir contended that the cancellation would cause him irreparable damage and that in the interest of justice, law and equity, the status quo be maintained until the case is resolved.
He stated that in 2006, he applied to the ULC and was offered the land that was formally occupied by the Shimoni schools.
According to Sudhir, he was given the CMI land as compensation on the directive of the President.
He further disclosed that in May 2006, he was offered a lease for the now disputed land and requested the ULC for assessment forms for sh388,800,000, being the difference between the fees he had paid for the Shimoni land and the fees for the CMI land.
Sudhir argues that ULC, without providing the assessment forms, told him that the premium should go towards the relocation of CMI.
The ULC also suggested that the vacant possession of the land be negotiated with the CMI authority. Subsequently, Sudhir said, a lease and certificate of title was offered to Speke Hotel last October.
Sudhir said the move to cancel his certificate of title was a plot to deprive him of the land in favour of competing interests.
During a recent visit to Kenya, President Museveni offered the CMI land to the Kenyan government in exchange for a piece of land at Mombasa Port.
The defence ministry had also asked Sudhir to pay the full value of the land, about sh20b. But Sudhir refused to pay, saying he had already leased the land from the Uganda Land Commission.
PROPERTY mogul Sudhir Ruparelia has been ordered to surrender the land title for the Chieftaincy of Military Intelligence (CMI). The order was contained in a letter written by the acting Commissioner for Land Registration, Sarah Kulata Basangwa, to Speke Hotel owned by Sudhir.
The commissioner also indicated in the letter that she intended to cancel the title, saying Sudhir irregulary acquired it.
“You are hereby given notice that I intend to cancel your title because it was issued in error without payment of the requisite fees and was issued on a misrepresentation that the premium was to be in kind whereas not,†said the letter
“You are required to bring back the duplicate of title in your possession to effect the changes and notify me of any objections to the proposed actions. You should respond to this notice within 21 days from the date of service on you here of.â€
Sudhir has petitioned court to block the cancellation of the title for the 15-acre land on which the CMI has its headquarters.
Sudhir maintains that he legally and rightfully acquired the land as compensation for the land that was taken away from him.
The said land was formally occupied by Shimoni Teacher’s College and Demonstration School. It was later re-allocated to Kingdom Holdings Limited of Saudi Arabia.
Basangwa argued that the land title in the names of Speke Hotel (1996) Ltd. was irregularly acquired.
Sudhir, the chairman and managing director of Ruparelia Group of Companies, also owns Speke Hotel, which is claiming the CMI land.
In her letter of December 1, 2008, Basangwa said she had received a complaint from the Uganda Land Commission (ULC) that Sudhir did not pay the requisite fees and “the original lease offer had been tampered with.â€
The letter did not explain how and who had tampered with the lease offer.
The four-page letter also quoted the Ministry of Defence as requesting her office to place a caveat on the land, saying there were several issues to settle.
Basangwa also advised Sudhir to liaise with the ULC and pay the requisite fees and fulfil the other lease conditions. After which, another title may be prepared for him.
Basangwa wrote the letter after Sudhir requested the Commissioner for Land Registration to remove a caveat lodged on the land by the defence ministry.
Sudhir has since applied to court to restrain the commissioner from changing the register in respect of the CMI property on Plot 1, Kira Road in Kampala.
In his affidavit to stop the cancellation, Sudhir contended that the cancellation would cause him irreparable damage and that in the interest of justice, law and equity, the status quo be maintained until the case is resolved.
He stated that in 2006, he applied to the ULC and was offered the land that was formally occupied by the Shimoni schools.
According to Sudhir, he was given the CMI land as compensation on the directive of the President.
He further disclosed that in May 2006, he was offered a lease for the now disputed land and requested the ULC for assessment forms for sh388,800,000, being the difference between the fees he had paid for the Shimoni land and the fees for the CMI land.
Sudhir argues that ULC, without providing the assessment forms, told him that the premium should go towards the relocation of CMI.
The ULC also suggested that the vacant possession of the land be negotiated with the CMI authority. Subsequently, Sudhir said, a lease and certificate of title was offered to Speke Hotel last October.
Sudhir said the move to cancel his certificate of title was a plot to deprive him of the land in favour of competing interests.
During a recent visit to Kenya, President Museveni offered the CMI land to the Kenyan government in exchange for a piece of land at Mombasa Port.
The defence ministry had also asked Sudhir to pay the full value of the land, about sh20b. But Sudhir refused to pay, saying he had already leased the land from the Uganda Land Commission.