Lawyer Sebalu's property mediation case deferred

By Chris Kiwawulo                        

Mediation in the case where Pastor Peter Sematimba and Sebalu’s daughter, Themi Nakibuuka, are fighting for fallen city lawyer Paulo Sebalu’s multi-billion estate has been postponed.

The mediation, in which the warring parties are expected to come to a consensus, had been slated to take place during the week of March 16 – 20th, but it has since been deferred to between May 4 – 8th.

Since last year, Pastor Peter Sematimba and Sebalu’s daughter, Themi Nakibuuka, have been fighting over ownership of the deceased’s estate valued at about $2m (over sh5b) with the developments thereon. But the two parties agreed to go for mediation early this year.

Acting assistant registrar for the High Court’s family division, Justine Atukwase, had invited the two parties to the mediation slated to take place during the week of March 16 – 20th.

Now represented by Kiwuuwa and Company advocates together with A.F Mpanga advocates, Sebalu’s daughter (Nakibuuka) said she had agreed to go for mediation. 

“Ordinarily, before hearing of the case starts, we should have gone for mediation. So, that is what we are going for,” Nakibuuka stated.

Sematimba on the other hand is being represented by Muganwa, Nanteza and company advocates. Sematimba has time and again declined to comment on the matter, saying he does not discuss his private life in public.

In February 2014, Nakibuuka through Muwema and Mugerwa advocates filed a case in the High Court accusing Pastor Sematimba of fraudulently transferring her father’s property into his name. This led to eviction of Sematimba. However, Sematimba appealed and he was reinstated until the case is heard and disposed of.

Nakibuuka accused Sematimba, the proprietor of Super FM radio, of intermeddling with the estate of her late father.
Muyenga Resort Hotel proprietors and the commissioner for land registration, Sarah Kulata, were also respondents in the case.

Nakibuuka, Sebalu’s only surviving biological child, also accused Kulata of aiding the alleged fraudulent transfer of her father’s property into the name of Sematimba. Sebalu, a senior lawyer and one of the proprietors of Sebalu and Lule advocates died on November 8, 2013, at the age of 88. Sematimba was Sebalu’s nephew; implying that Sematimba is
Nakibuuka’s cousin. Sematimba’s father was a half-brother to Sebalu (they share a father).

The prime land measuring 0.48 acres in Muyenga on block 244 plots 5867, 1792, 3646 and 1791 is where the famous Muyenga club is situated. According to documents seen by New Vision, Sematimba transferred the Muyenga land from Sebalu’s name into his on December 11, 2013, which Nakibuuka contested as a forgery.

Sematimba had also changed the name of Muyenga Club into Muyenga Resort Hotel. Documents show that Sematimba together with Juliet Nambi Nantongo were the directors of Muyenga Resort Hotel while Charles Ssemakula was the company secretary.

Sematimba, the former Kampala mayoral seat contestant, reportedly told a family meeting that Sebalu had transferred the land in Kyaggwe on block 149 plot 202 into his name between 2010 and 2011.

“He also told us that block 246 plots 1972/1795 in Kyeitabya was transferred to him but the late decided to sell the land before his death at sh250m and that the proceeds were banked on his (Sebalu’s) account,” Nakibuuka said.

She was in the process of securing letters of administration to access the bank account when Sematimba’s group placed a caveat on Sebalu’s estate. Sematimba’s father (Fred G. Sematimba) placed the caveat and asked for a DNA on Nakibuuka, saying he doubted she was Sebalu’s biological child.

On March 4, court ordered Sematimba out of the late Sebalu’s property in Muyenga, a city suburb, after Nakibuuka lodged a petition claiming that Sematimba had denied her access to Muyenga Club.

Nakibuuka also secured a restraint order stopping Sematimba and his agents from accessing Muyenga Club. However, Sematimba appealed the decision and court later reinstated him.            

Meanwhile, Police are still investigating circumstances surrounding Sebalu’s death after reports that he could have been murdered. The case was registered as GEF 03/2013 at the Criminal Intelligence and Investigations Department (CIID) in Kibuli.