New twist in Shumuk, Katatumba court case
Part of the Muslim land in Ajulu village, Gulu District which is being encroached on. President Museveni promised to fence it off. PHOTO BY juluis Ocungi
Kampala
The five-year legal battle for property between businessmen Boney Katatumba and Mukesh Shukla has taken a new twist following a High Court directive quashing an earlier eviction order by the court registrars.
Justice Alphonse Owiny-Dollo quashed the orders to evict Mr Mukesh from the disputed building on Plot 2 Colville Street in Kampala.
The eviction order had been issued by the court registrar, Mr Henry Twinomuhwezi. “I take cognizance of the fact that the unfortunate events that have characterised this matter culminating in this appeal trace back to the action of the applicants and their counsel.
First, the extracted order is in non-compliance with what is contained in the ruling by the registrar of Commercial Court. The application for eviction of the respondents was not founded on any order contained in the ruling by that registrar,” Justice Dollo ruled.
The judge explained that it was unfair for Mr Katatumba to benefit from a wrong of his own making. “The order by Her Worship Irene Akankwasa setting aside the order of her predecessor registrar is also set aside,” the judge said.
Mr Mukesh under his business Shumuk Springs Development Ltd and Springs International Hotel has had a running court battle with Mr Katatumba over ownership of the disputed property.
Justice Dollo’s ruling on February 24 followed contradicting eviction orders by the registrars of the court’s Execution Division to both Mr Katatumba and Mr Mukesh.
On February 3, 2014, court ordered the eviction of Shumuk companies from the disputed building. Mukesh was accordingly evicted. The registrar set aside an earlier order by another registrar Ms Akankwasa, which favoured Mukesh, arguing that it had been issued in error.
Justice Dollo said registrar Twinomuhwezi strangely issued two discordant warrants following a disguised application for execution.
The registrar directed the bailiff to attach the former Blacklines House before judgement and a warrant to evict Shumuk Springs Development Limited, Springs International Hotel Limited and their tenants to give a vacant possession to Mr Katatumba.
