Samuel Wako Wambuzi wants KCCA rebuked, and permanently restrained from sealing off the premises
Chief Justice Emeritus, Samuel William Wako Wambuzi, and Kampala Capital City Authority (KCCA) are rowing over purported trespass.
On December 11, Wambuzi petitioned court, accusing KCCA of illegal closure of Kidsville Pre-School and Day Care Centre, located in Ntinda.
Court documents show KCCA's justification of the closure, saying that Wambuzi the proprietor, changed the user premises from residential without authorisation. On May 24, KCCA sealed off the premises.
The daycare centre has Wambuzi listed as the second complainant (plaintiff). Documents indicate that Wambuzi is the registered proprietor of the land comprised in leasehold number 3034 Folio 9 on Martyrs Close.
Wambuzi laments that continued closure is unjustified and is demanding sh112m in compensation. The demand could rise, as the former Chief Justice wants a 25% interest slapped on the sh112m, from the date of the closure, until full payment.
"The plaintiffs aver and contend that the defendant's actions amount to trespass and have caused financial loss to them," the petition states.
"The first plaintiff contends that he obtained a lease from the District Land Board and not KCCA and as such the defendant has no authority to enforce any clause of the lease."
Wambuzi emphasises that be as it may, he did not breach the user clause of the lease agreement. The clause prohibits new construction works at the premises.
The complainants are seeking a declaration that closure of the premises resulted in a financial loss of sh112m.
Wambuzi wants KCCA rebuked, and permanently restrained from sealing off the premises. He wants an immediate order reopening the premises, and instructing KCCA agents to immediately vacate.
The certificate of title shows Wambuzi obtained a leasehold term from June 27, 2002 for 49 years. The instrument number is dated October 29, 2002, and indicates that Wambuzi's late wife Gladys Wambuzi (died 2005), is also co-proprietor.
High Court Kampala civil division deputy registrar Sarah Langa, has directed KCCA to respond to the allegations within 15 days from the date of receipt of the summons.
KCCA has been cautioned to respond, failure of which would compel court to take the complaint as uncontested and the gospel truth.