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Wednesday,August 05,2020 01:54 AM

New twist in General Parts suit

By Vision Reporter

Added 11th August 2003 03:00 AM

A LAND wrangle between General Parts and Middle North Agencies took a new twist yesterday, when court heard that one of the litigants had obtained a High Court judgement that has never been delivered.

A LAND wrangle between General Parts and Middle North Agencies took a new twist yesterday, when court heard that one of the litigants had obtained a High Court judgement that has never been delivered.

By Anne Mugisa

A LAND wrangle between General Parts and Middle North Agencies took a new twist yesterday, when court heard that one of the litigants had obtained a High Court judgement that has never been delivered.

Nakawa Grade One Magistrate heard yesterday that the Inspector General of Government was investigating the circumstances under which the undelivered judgement was obtained.

Shumuk Uganda Ltd proprietor, Mukesh Shukla, dragged General Parts Uganda owner, Haruna Ssemakula, to court for alleged criminal trespass on plot M459 Mukabya Road, which each of them claims to own.

Shukla tendered in the said judgement as exhibit against Ssemakula.

Asked where he got the judgement from, Shukla said Ssekatawa of City Council gave it to him in January this year.

Both Ssemakula and Shukla claim to have obtained the disputed plot of land from its original owner Middle North Agency, which was started by one Phillip Odongo (deceased) and his wife Emilia.
Shukla said during cross-examination that he bought Middle North Agencies from, Mrs Odongo and her five children in 1987 after the death of her husband. He said that Ssemakula obtained the land title by fraud.

He said however that despite buying the company from its owners, he never changed its shareholding to himself and his wife until eight years later in 1996.

Asked why, he did not register at the Company registry, he said it was an oversight.

However, Ssemakula had land titles of the plot from 1987 renewed at three years intervals. But Shukla said Ssemakula’s first title was fraudulently obtained though the subsequent ones were genuine.

Shukla had initially sued Kampala City Council and General Parts Uganda Ltd in 1994 seeking compensation for the land whose certificate of title, he said Council gave to General parts illegally.

The court heard that later Shukla and KCC entered a consent agreement without informing General Parts’ proprietor. Following the consent agreement, Council gave Shukla title for the same plot.

Ssemakula dragged Shukla to the court and had the consent judgement nullified by Justice C.A. Okello.

Shukla on the other hand tried to withdraw an earlier claim for compensation from court after reaching a consent agreement with KCC.

The ruling for the withdrawal of the compensation suit was, purportedly written by Justice Kagaba of the High Court in favour of Shukla.

The court heard that by 1994, Mrs Emilia Odongo was still director of Middle North whom Ssemakula says he compensated for the plot and she duly relinquished claim of ownership to him.

New twist in General Parts suit

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