OWNERSHIP of the property is under bitter contention for now close to 15 years, having started in the Chief Magistrate’s Court in 2002
By Hillary Nsambu
THE Court of Appeal has permitted a Mbale investor to adduce vital additional evidence in his quest to prove ownership of Plot 15A Bishop Wasike Road, a prime property in Mbale Municipality.
Ownership of the property is under bitter contention between Kachra Investments Ltd and Mash Investments Limited for now close to 15 years, having started in the Chief Magistrate’s Court in 2002.
Deputy Chief Justice Steven Kavuma, sitting as a single justice, ruled that he had been satisfied with the submissions of Charles Ssemakula Muganwa, representing Kachra Investments Ltd that by the time the suit proceeded in the High Court at Mbale, the additional evidence sought to be adduced on appeal was not available to the applicant.
Muganwa had also strongly submitted that had that evidence been available, it would have assisted the court to have a better perception of the whole matter.
“The evidence also appears to be credible and would probably influence the final outcome of this plea. It is discernible from the court record that the appellant had at all material times during trial of the suit, the applicant/appellant made efforts to access the evidence it now seeks to adduce, but in vain.
I am satisfied that the evidence is not only relevant, but also, if given, would probably influence the final outcome of the appellant’s appeal,” Kavuma observed.
Kachra Investments dragged Mbale Municipality Local Government to court together with a former councillor, Abdu Salaam Lubowa and Mash Investments Ltd alleging fraudulent deprivation of his property.
Lubowa, who used to occupy the property as a tenant with a small business allegedly, sold the property to Mash Investments.
Kachra Investments Ltd, a development company owned by Sadrudin Alani Kachra, a Ugandan investor of Asian origin, while Mash Investment Ltd is owned by the former boss of the Uganda Bureau of Statistics (UBOS) Francis Mashate.
Mbale-based lawyers Yusuf Mutembuli represented Lubowa while Souza Dagira represented Agnes Kanyago represented Mbale Municipality and Mash Investments.
Following a High Court judgment in favour of Mash Investment, Kachra Investments Ltd appealed to the Court of Appeal with the application to adduce additional crucial evidence, hence the ruling.
No end in sight for 15-year long Mbale land wrangle