Kampala. A US-based Ugandan has petitioned the High Court in Mpigi after a seller from whom he purchased a school on Masaka Road allegedly refused to give him vacant possession.
Mr Rogers Agaba Kyalisiima in his suit contends that on December 11, 2015, he bought 2.3 acres of land with developments of a school thereon at Shs160m from Mr Senfuka Bagenda.
Mr Agaba adds that before executing the purchase agreement, he conducted a search in the land office and made inquiries from the local authorities and he was assured that the property belonged to Mr Bagenda.
“The defendant (Mr Bagenda) executed transfer forms for the plaintiff (Mr Agaba) and handed over the transfer forms and certificate of title for the property and the plaintiff was duly registered as the owner of the property,” the resident of California, USA, avers in his suit
He further adds that before he planned to take over the property, he allowed the management of the school one academic year of 2016 to wind up its activities but he has since not been given vacant possession.
“The plaintiff (Mr Agaba) shall aver that despite demands to have the defendant (Mr Bagenda) vacate the suit property, he has obstinately refused, neglected or failed to vacate the suit property,” Mr Agaba says in his suit
He adds that because of the standoff, he has been deprived of any further development of the land, a move that he says has occasioned him loss for which he is claiming damages.
Through his lawyers of Bamwite & Kakuba Advocates, Mr Agaba wants court to declare Mr Bagenda a trespasser on his property.
He also wants court to issue a permanent injunction, restraining Mr Bagenda and his agents from interfering with his possession of the property.
But in his defence, Mr Bagenda contends that on December 11, 2015, he approached Mr Agaba for a loan of $48,485 (about Shs160m).
He explains that he needed that money to pursue compensation process of his land situated at Ssabaddu, Masaka District, which had been grabbed by government.
“The plaintiff (Mr Agaba) and the defendant (Mr Bagenda) had a series of meetings wherein the defendant (Mr Bagenda) ably demonstrated that he would be able to pay back the loan after compensation by the government,” Mr Bagenda states in his written defence. Further in his written defence, Mr Bagenda alleges that Mr Agaba, knowing that he was desperate for the money, coerced and used undue influence to hoodwink him into signing a land agreement of his land before signing of the transfer forms in his favour.
“After the transfer of the property into the names of the plaintiff (Mr Agaba), the defendant (Mr Bagenda) was surprised by mischievous conduct of the plaintiff when he demanded for vacant possession of a different property having the defendant’s school comprised in Mawokota, Block 268 plot 39, which had never been featured anywhere in the transaction between the plaintiff and the defendant,” court documents read in part
Justice Wilson Musene is presiding over the hearing of the case.