KAMPALA, UGANDA – Over 1,000 residents of Jomayi Housing Estate, Mpigi district breathed a sigh of relief after court halted Lt. Gen. Henry Tumukunde’s bid to attach the land on which they live.
Tumukunde is battling Jomayi Property Consultants managing director Joseph Yiga Magandazi over the 200- acre piece of land at Njagi-Ssabagabo, Mpigi district.
Tumukunde had applied for a warrant of attachment, claiming he demands sh1.1b from Magandazi.
However, Justice Stephen Mubiru of the Commercial Court stayed the execution, pending the hearing of the main application in which Magandazi is contesting the attachment.
Tumukunde had instructed court bailiffs to execute the attachment, which could have led to the eviction of the residents last Friday.
Justice Mubiru issued the directive on the same day, saying Jomayi and the residents may suffer irreparable loss if the stay is not granted.
The judge, subsequently set February 8, 2022 as the date for the hearing of the matter.
Immediately after the court session on Friday, Edward Mwebaze, Jomayi’s operations manager, told residents gathered in court that nobody will evict them.
He said Tumukunde was paid and they are waiting for the judge to compel the general to deposit the land titles in court.
Tumukunde speaks
I sold my land to Jomayi 10 years ago and have to be paid because I have the titles. The lawyers want to prolong the matter because it brings business to their table,” an angry Tumukunde said, adding that the matter was taking too long.
Background
Court documents show that in 2012, Jomayi bought 200 acres of land from Tumukunde at sh3.5b.
Thereafter, it was agreed that Jomayi immediately occupy the land and cause its subdivision, sell it to his clients after completing payment.
Magandazi says he first paid sh2.6b to Tumukunde, but the general declined to give him the land title.
Legal redress
Magandazi in 2015 filed a case against Tumukunde in the Commercial Court.
However, the parties entered a consent judgement before the then head of the land division, Justice David Wangutusi.
In the consent decree dated 2015, it was agreed that Magandazi is indebted to Tumukunde sh1.1b and that he (Magandazi) pays sh285.4m in four instalments, starting July 31, 2015.
It was also agreed that in respect of the first instalment, within two weeks of receipt of sh100m from Jomayi, Tumukunde deposits in court a land title together with photos and transfers for custody until payment in full.
According to court documents, Magandazi paid sh100m within two weeks, but the general refused to deposit in court the certificates of title for the land as per the agreement.
“All along I thought Tumukunde had complied with the settlement terms and deposited the certificate in court as per the settlement, in vain,” Magandazi said.
He added that this has made him lose business and reputation.
Magandazi swore an affidavit, stating that he paid sh816.2m to Tumukunde through his Housing Finance Bank account, leaving a balance of sh271.3m.
“Being in the business of buying and selling land, I am ready to pay the remaining balance,” he pledged.
In his application, Jomayi seeks a declaration that he is the beneficial owner of the 200-acre piece of land and wants court to compel Tumukunde to transfer the land title into his name and hand over title deeds, mutation and transfer forms to him.
New case
Meanwhile, nine people have filed an application in court, stating that the disputed property was sold to various customers.
They say many of their clients have bought plots of land and have since developed them into what is popularly called Satellite City Bujjuko Jomayi Estate and they cannot allow Tumukunde to reclaim it.
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