MP Nsereko sued over sale of gazetted road

Tuesday April 16 2019

Kampala Central MP Mr Muhammad Nsereko. FILE

Kampala Central MP Mr Muhammad Nsereko. FILE PHOTO 

By JULIET KIGONGO & BETTY NDAGIRE

Kayunga. A wildlife conservation agency has sued Kampala Central MP Mr Muhammad Nsereko seeking to recover Shs800m in a land transaction.

Bwindi Mgahinga Conservation Trust sued Mr Nsereko and Kampala District Land Board in the High Court Commercial Division.
The agency claims it suffered loss stemming out of illegal and unlawful creation of title in respect of a gazetted road on a freehold land known as plot 8 Bat Valley Crescent Kampala.

The agency states that on April 4, 2014, it entered into a sale agreement with Nsereko for the land for Shs800m which was paid in full.

“Pursuant to the sale, the plaintiff [Bwindi Mgahinga Conservation Trust] at the instance of the 1st defendant [Nsereko] was registered as the proprietor of the suit land on 4th June, 2014,” the wildlife agency states in the suit.

The agency says under the sale agreement, Mr Nsereko assured the purchaser that the land was free from any latent defects or any reason that could prevent it from being developed.

The agency says Nsereko also agreed to refund all expenses that may be incurred including a refund of the full purchase price and any other incidental expenses by the purchaser with interest at the prevailing commercial rate in case the agency was unable to develop the land for any reason caused by Nsereko’s doing.

However, the wildlife conservation trust states that when it applied to Kampala Capital City Authority (KCCA) for permit to develop the land, the permission was denied on August 5, 2015.

“This is to inform you that the above mentioned plot is part of Bat Valley Crescent which is a planned and an existing road on ground. The purpose of this letter therefore is to inform you that permission cannot be granted to develop on the above mentioned land since it is a road,” the KCCA letter to the conservation trust reads in part.

The agency says it incurred expenses relating to the purchase of the land worth Shs59m.
The agency is represented by Nangwala, Rezida & Co Advocates.
Mr Nsereko could not be reached as his phone was not available by press time.

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