Xavier Radio Ug News 24 7
Kampala – City Tycoon Mukesh Shukla also known as Mukesh has been having sleepless nights of recent due to court battles involving one of his propertied in Kampala city orchestrated by mafias, wanting his business empire to collapse in a court case that has been dragging since the year 2009.
But the story has taken a new twist, has documents seen by this publication show that the contentious Shumuk House on Colville street in the central business district of Kampala was lawfully sold to the businessman by the late Bonney Mwebesa Katatumba at a cost of USD4,0000,000 (about 14.4 billion shillings)
In one of the documents in the Civil Suit No.0375 of 2009, the principle witness no.3 Mr. John Kiganda testified that the 2nd counterclaimant gave him a power of attorney on 11th January, 2007, and he was instructed to sign any agreement between the 2nd counterclaimant, Mr. Peter Lule and the late Bonney Mwebasa Katatumba regarding units 52-62. He also added that he received ten of the eleven titles of the late Eva Mulira was a witness.
Court documents further show that Ms. Angela Katatumba, a daughter to the late Bonney Mwebasa Katatumba acknowledged the completion of the sale of the units and stated that she believed the single title left was in the East African Development Bank (EADB) and later Crane Bank limited and that when Mukesh took over the property, he retrieved it. However, the possession of the 11 units was handed over to the 2nd counterclaimant.
Available evidence also show that it is more probable than not that the title deed is with the 1st , 2nd, and 2rd counter defendant, having redeemed it from the then Crane Bank when they paid off the loan owed by the late Bonney Mwebasa Katatumba.
“It is for that reason that restitutionary relief is triggered by the need to direct the return of the title by those three counter defendants as a tangible movable that they wrongfully took or continue to withhold. Therefore, the claim by the 1st counterclaimant against Mukesh is hereby dismissed with no order as to cost,” High Court Justice Stephen Mubiru ruled.
Background of the case
Mukesh and his companies M/s Shumuk Springs Development Ltd, Springs International Hotel Ltd and Shumuk Financial Service Ltd, filed the case on October 8th, 2009. In the case, they sued Katatumba, Mohamedalli, Sempebwa, Peter Lule, Tecton Group, Arvind Patel, and the registrar of titles. Hover, Katatumba, Sempebwa, and Lule filed a counterclaim.
By an agreement dated August 16, 2008, at a price of Shs18 billion, Katatumba sold to M/s Shumuk Springs Development Ltd, the entire property comprised in LRV 3606 Folio 13 Plot 2 Colville Street, inclusive of all developments, furniture and fixtures an all condominium units comprised therein.
The agreement also dictated that Shumuk Springs Development Ltd make an initial deposit of USD10,000 (saboutShs264 million). The balance of USD4,899,000 (about Shs17.6 billion), part of which was to be applied towards redeeming titles of the condominium units already sold, was to be paid within 60 days lapsing on October 15, 2008.
However, M/s Shumuk Springs Development Ltd later repudiated the contract, and on November 10, 2008, Katatumba resold the same property to M/s Shumuk Springs Development Ltd at USD4,000,000 (about Shs14.4 billion), and Shumuk Springs Development Ltd was to make an initial installment of USD361,000 (about Shs1.3 billion) and clear the USD3,639,000 (about Shs13.1 billion)within 60 days.
This is a developing story; we shall keep you posted on unfolding future events.
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