Mbale court summons ex-Ubos boss over land

Mbale High Court has summoned the former deputy executive director of the Uganda Bureau of Statistics (Ubos), Mr Francis Wanduyi Mashate, to file his defence over alleged double sale of land.

The land in question is on Plot 15A, Bishop Wasike Road in Mbale Cit.

The summon followed a suit filed by businessman Gregory Gidagui Mafabi.

 “Whereas the above named plaintiff [Mr Mafabi] has instituted a suit against you upon claim, you are hereby required to file a defence in the said suit within 14 days from the date of service of summons on you in the manner prescribed under the Civil Procedure Rules,” the April 4 court summons read in part.

Adding: “Should you fail to file a defence on or before the date mentioned, the plaintiff [Mr Mafabi] may proceed with the said suit and judgment may be given in your absence.”

Court documents show that in September 2018, by virtue of a company resolution and powers of attorney, Mash Investments authorised Mr Mashate to sell the land in question to Mr Mafabi at Shs660 million.

It is alleged that on February 20, 2020, Mr Mafabi entered a memorandum of understanding with the director of Mash Investments, Mr Mashate, for purposes of compensating them with Shs75m for the properties that he found on the said piece of land.

Subsequently, Mr Mafabi started enjoying the quiet possession of his property.

“As a matter of fact, the second defendant (Mr Mashate) on behalf of the 1st defendant (Mash Investments), duly communicated to all the occupants/tenants of the property to remit all the rent payments to the plaintiff (Mr Mafabi),” reads in part court documents.

Adding: “At the time of the said purchase agreement, the first defendant [Mash Investments], duly executed forms of transfer in favour of the plaintiff [Mr Mafabi]. Unfortunately, before the plaintiff could affect the transfer, and registration of the suit land and property in his individual names, he was surprised to discover that the suit land had been fraudulently registered in the names of the third defendant [Mr Mukhwana].”

The businessman avers that Mr Mashate and his company [Mash Investment Ltd] initially denied knowledge of the alleged fraudulent transfer of his land into Mr Stephen Nambula Mukhwana’s names and even demanded the cancelling of the said land transfer.

Mr Mafabi added that upon investigating, he discovered that Mr Mashate had allegedly caused the transfer of the contested land and backdated the transaction.

“The said documents were intentionally backdated to the April 12, 2018 in order to defeat the plaintiff’s interests in the suit land and property,” Mr Mafabi contends.

At the time of petitioning court, Mr Mafabi claims that Mr Mukhwana was threatening to evict him.

“Pursuant to the aforementioned illegal interests, the agents of the third defendant have insisted on laying claim over the suit land and property with intent to defraud the plaintiff and defeat his interest,” Mr Mafabi avers.

Demands

Businessman Gregory Gidagui Mafabi now wants court to declare that he is the lawful owner of the land in question.

Mr Mafabi also wants court to order Mr Francis Wanduyi Mashate and group to compensate him for the alleged loss of the suit land and property at its current market value.

He is also seeking general damages and costs of the suit.