By Leonard Kamugisha Akida,
KAMPALA:
An intensifying land row between real estate mogul, Yoseph Yiga Magandazi alias Jomayi and former presidential candidate Lt. Gen. Henry Tumukunde may leave over 1,210 people homeless and landless.
The land in dispute is 20 acres located Njagi, Bujjuko, Jomayi Satellite Estate on Mityana Road in Mpigi District.
According to court documents, in December 2012, Jomayi and Tumukunde entered a sales agreement, committing to sell the land to the former at UGx 3.5b payable within three months.
Court documents further indicated that Jomayi paid over UGx 2.9b remaining with a balance of over UGx 900m, which Tumukunde claims that Jomayi failed to pay despite several reminders, prompting him to cancel the sale agreement.
When Tumukunde threatened to cancel the agreement in 2015, Jomayi dragged him to commercial court, a suit which culminated into a consent judgement endorsed by judge (Rtd) David Wangutusi and Jomayi undertook to clear the outstanding balance of over UGx1.3b at interest of 15% per annum.
The two parties also agreed that the money was to be paid in four installments of about UGx 283m effective July 1, 2015.
Court further ordered Tumukunde to deposit the land title, photos and transfers in court for custody until full payment, but in vain.
In an execution order dated November 9, 20201, signed by the commercial court registrar, Tumukunde has been allowed to sale the estate to recover the balance of UGx 1b and an interest 15% imposed on the sum in 2015.
This website has learned that Tumukunde has since directed court bailiffs of Elders and Hai General Agencies to carry out the execution, and the eviction will take effect on Friday December 17, 2021.
Residents have however threatened to block the eviction saying that they are bonafide purchasers.
Ivan Byaruhanga, the local council Chairperson of the area has said that Jomayi sold them the land and are waiting for the property dealer to give them titles.
“We all have sales agreements from Jomayi, we paid our money and we are waiting for Jomayi to give us our titles.
Tumukunde has no powers to evict us,” Byaruhanga said faulting court for endorsing the eviction.
Meanwhile, the residents have filed an application seeking to have the consent judgment and subsequent execution order set aside, saying it is highly prejudicial to their interests, which were ignored and not considered by the court.
Residents through their lawyers of Stella Businge & Co. Advocates, they clsim thst the availability of of new and compelling evidence is sufficient reason for review of the consent judgement and execution order.
The application is set to be heard on Tuesday.
