Prime
Judge rejects request to reopen Qualicel arcade
Contested. Qualicel building in downtown Kampala, whose ownership is being contested by businessmen. PHOTOS BY ABUBAKER LUBOWA
What you need to know:
- In his affidavit, Mr Matovu claims ownership of Nabukera Plaza and that all his tenants have completed paying their rent for March and are in the process of settling the April rent.
Court yesterday rejected an application by lawyer Erias Lukwago to have Qualicel mall shops opened for traders to resume their businesses until their petition against the warring landlords is heard tomorrow.
A total of 292 traders sued their Qualicel landlords, seeking compensation for alleged losses as a result of the latter’s continued dispute over ownership of the building.
The case had come up for hearing yesterday but the lawyers of the landlords, Mr Francis Drake Lubega and Mr Mansur Matovu, and Horizon Coaches Ltd informed court that they could not proceed because they had been served with suit documents late.
The traders’ counsel, Mr Lukwago, requested court to order the opening of the shops to allow business operations continue until the hearing of the case.
However, trial judge Andrew Bashaija declined to grant the request, saying it would be wrong when the filing of the documents in the case was still ongoing.
“I am reluctant to grant this prayer. I do not want my decision to be challenged that I made a ruling on baseless presumptions. Until you are through with filing all court documents, this cannot be allowed,” Justice Bashaija ruled.
The traders, in their suit before the High Court Land Division in Kampala, contend that on November 5 last year, the Constitutional Court ordered that Horizon Coaches Limited led by Charles Muhangi (now deceased) take over the management of bus terminal, Nabukeera plaza and Jamboree Arcades.
Appeal. The traders’ lawyer, Mr Erias Lukwago, addresses journalists after the court session in Kampala yesterday.
According to the traders, Mr Lubega and Mr Matovu recently deployed security and stick-wielding men and closed their shops while demanding payment of rent that they had already paid to Horizon Coaches for the past five months.
These claim that following a November 5, 2018 Supreme Court order that placed the management of the three buildings under Horizon Coaches, the buildings were renovated and renamed Horizon City and Bazanya Nengo respectively and each tenant was tasked to pay Shs1.2m as rent.
The traders say following the payment, they have been paying rent fees ranging from Shs400,000 to Shs3m to Horizon Coaches until sometime in February when Mr Lubega and Mr Matovu showed up, each claiming ownership and management of the three buildings. The traders say on top of asking them to pay rent for five months, disconnecting electricity and other utilities and locking up their shops, the two businessmen have also threatened to evict any of them who continues to pay rent to Horizon Coaches Ltd.
However, in his affidavit in court, Mr Lubega claims he is the rightful owner of the land and developments comprised at Nakivubo Road and all his tenants are aware of this and, therefore, cannot challenge his ownership as he rented the premises to them.
In his affidavit, Mr Matovu claims ownership of Nabukera Plaza and that all his tenants have completed paying their rent for March and are in the process of settling the April rent.
The judge adjourned the case to tomorrow for hearing.
