Vipers, Hima Meet to cement new deal
July 17, 2019
DHL Express and Teach For Uganda join hands to combat inequity in education
July 18, 2019
By Francis Otucu
The Commandant, Kampala Metropolitan Police, Moses Kafeero has said the deployment at a contested prime property at Wandegeya last Wednesday was ordered by Minister of State for Internal Affairs, Kania Obiga.
This after a night row between factions claiming ownership of the building comprised at Kibuga Block 38, Plot 210 on Mulago Hill, Wandegeya.
However, in an interaction with Uganda Police Force lawyers of M/S Bernabas D.K Dyadi & Co Advocates that Wednesday, Obiga said he sent Kafeero on a ‘fact finding mission’ but not to seal off the contested premises.
Raising the same concerns on Kafeero, Kyagaba & Otatiina Advocates on June 11, 2019 wrote to Obiga on the same.
“..The court order of the 17th June 2019 has been the holding status quo. The police and all parties have so far ensured that no party except Rita Health Services takes up possession of the suit building. Unfortunately, however, our client now informs us that the Commander Kampala Metropolitan Police Commissioner of Police Mr. Moses Kafeero, together with Division Police Commander (DPC) Wandegeya Police Station have been co-opted by a one Mr. Natif Anthony, one of the disputants to the property to place him and a certain hitherto known entity named “Alliaz Pharmacy” in possession of the suit property. Our client further informs us that in the afternoon of yesterday, Wednesday, the 10th July 2019 the police under the command of the commander KMP and the DPC Wandegeya stormed the suit building, cut padlocks open and entered it ostensibly under the orders of the Honorable Minister of State,” part of the letter to Obiga, received both at the High Court and his offices reads.
Our sources say even upon receipt of the said letter, Obiga reportedly said he sent Kafeero to gather information and report back to him but not to go against court order.
Kafeero, according to sources is siding with one of the factions as captured below.
BACKGROUND
Last Wednesday night, two security organs, Internal Security Organization and the Police clashed at the property.
Men in civilian clothes purportedly working with ISO pushed from the scene, officers headed by Divisional Police Commander-Wandegeya, SP Godwin Ochaki.
This, insiders say was in response to an on-going property battle between Eng. Zacheria Binta Kyogi and Anthony Natif, the proprietor of Guardian and Alliaz Pharmacies.
Well-placed sources say the battle stems the controversial sale of the property by the former owners; Eva Nabatanzi, 76, and her sons; Dr. Fredrick Njuki and Stephen Ian Nsubuga.
THE BATTLE
About June 2018, Nsubuga and Nabatanzi learnt that Transition Investments LTD, Guardian Health Services LTD, Anthony Natif and Dr. Moses Ebuk T/A Eglobal Clinic were carrying out repairs and maintenance on the suit property claiming it is theirs, yet this was without the knowledge of Nsubuga and Nabatanzi.
The pair went on to drag Transition Investment, Guardian Health Services, Natif and Ebuk to the High Court Civil Division vide No. 1905/2018 requesting that the High Court issues an interim order preserving the status quo to the effect that Rita Health care (family business) remains in possession of the building.
THE CONTROVERSY
Months later, on September 21, 2018, Nsubuga, Nabatanzi and Njuki entered an agreement to sell of the property to Binta at Shs1.8billion.
The other ‘internal’ agreement was that Njuki accounts for rent fees he had been collecting from the property for over seven years, lest he gives Nsubuga and Nabatanzi Shs600m in ‘compensation’. This meant that Njuki would not get his right share from the sale. Sensing danger, Njuki skipped penning his signature on the agreement. Nsubuga and Nabatanzi went on to sell the property without the signatory of Njuki. The sale went on. Without Njuki’s signature. In fact, the sale agreement was witnessed by Peter Walubiri and (for purchaser) and Jimmy S. Katende for the sellers. The building was sold to Binta.
FRAUD
Upon learning that the building had been sold, those in the know say the second sale (45.%%) of the building was orchestrated by city law firm, AR Advocates who claimed working on behalf of Dr. Njuki. It was on October 15, 2018 when the said law firm wrote to the Ministry of Lands to divide the property in shares. Without wasting time, Ag Commissioner for Land Registration, John Karuhanga divided the shares; 45.5% each to the boys and 1% to their mother-Nabatanzi in November 2018. This was the beginning of the second sale. Basing on the Ministry of Lands actions, Dr. Njuki now in ‘self-exile’ in the US sold off his share (45.5%) to Natif. Njuki sold his 45.5% at USD330, 000 leaving 45.5% and 1% shares for his brother and mother respectively.
HOW NABATANZI GOT TO KNOW
Nabatanzi got to know of Njuki’s sale after she found some ‘suspicious’ companies renovating the building. In her May 23, 2019 statement at Wandegeya Police Division, Nabatanzi said there has never been division of shares.
“The said land has never been in the percentage share as alleged…” part of her statement reads.
It is against the above background that Binta and Natif emerged double claimants of the building with Binta saying he bought the whole building while Natif said he bought 45.5% of the building.
Sources say the police found the matter interesting and took it on.
A four page report was authored by the Commandant Police’s Land Police Protection Unit (LLPU), SSP Charles Mutungi.
Acting on this report, the Director Human Rights and Legal Services, AIGP Erasmus Twahuhukwa guided that LPPU provides security to the premises so that no party could utilize the premises pending court’s say.
The matter has since attracted back to back suits/orders.
The latest was when Natif sued Uganda Police Force and Twahuhukwa for ‘favoring’ Binta.
However, his order ‘request’ was thrown out on June 28, 2019 with costs.
“Natif was claiming a negative/order in personam and not in rem,” a learned friend said, adding, “No one claims that order. That is why his application was dismissed with costs in his absence.”
TOMORROW, we reveal how Ministry of Lands Officials fraudulently divided shares to push dubious sale
