Africa-Press – Uganda. A family row over the estate of the departed founder of Kalita Transporters Limited risks souring beyond repair after one of his widows was accused of forging documents.
When Lucky Patrick Mugisa died in 2013, he left behind a business empire that includes several properties and a bus company that plies the Fort Portal-Kamwenge, Fort Portal-Kasese-Bwera, Fort Portal-Bundibugyo and Kampala-Kabale-Kisoro routes.
Sunday Monitor understands that police have opened investigations into forgery claims against one of Mugisa’s widows Loy Hope Kaganda and son Mark Asiimwe. The duo is accused of orchestrating a plot to enable the former acquire rights to take control of Kalita Transporters Limited.
Ms Brenda Oinebye, the head of investigations at the Uganda Registration Bureau Services (URSB), told Sunday Monitor that while an investigation is underway; Ms Kaganda is uncooperative.
“Mark is out of the country. When he came, he dodged us … the lady (Kaganda) is up and down and we haven’t gotten to her. They are a bit elusive,” Ms Oinebye told Sunday Monitor via telephone on Friday.
Ms Oinebye also revealed that the complainant’s file has a number of documents pointing to “some bit” of evidence. Conclusive evidence on the forgery claims, she added, will be adduced once the signatures that helped Ms Kaganda to assume company control are scientifically analysed.
“Usually, you have primary evidence that transfers from a general inquiry into a case file,” Ms Oinebye said, adding, “We have some evidence on record, but it is not conclusive yet.”
She further revealed that “what is being investigated are the forgeries—the signing, the signatures but we are waiting for forensic examination reports from the experts to confirm this.”
Another widow protests
Currently, Ms Kaganda is at the helm of the company and the entire estate of the deceased. But another widow, Ms Shamim Kalungi, accuses her of selfishness.
“We understand she has started to sell off some properties. My husband left a number of buses, 10 zero-mileage trailers, as well as 27 saloon cars. She has denied me and my two children access to all these,” Ms Kalungi said.
In April last year, the government—through the Justice and Constitutional Affairs ministry—paid Kalita Transporters Shs6.2b. Court filings show that the money was paid as a reward after businessman Hamis Kiggundu displaced Kalita bus terminal at Nakivubo.
Kalita Transporters Limited was incorporated in September 2012. The company’s memorandum and articles of association filed at the URSB indicate that the shareholding of the company included five individuals. Mugisa had 400 shares, while each of his four children—Jackline Kajumba, Joan Lucky, Mark Asiimwe and Jacob Mugisa—had an equal share of 25. Each share was then valued at Shs40,000, but total share capital was Shs20,000,000.
A resolution was filed at URSB, and five children of Mugisa are purported to have signed it. The resolution appoints Ms Kaganda as a managing director of Kalita. The children—some of whom have disowned the signatures—included Mark Asiimwe, Jacob Mugisa, Jackline Kajumba, Joan Lucky and Jeremiah Lucky.
Speaking to Sunday Monitor from Dubai, United Arab Emirates, Ms Kajumba said she has never signed any documents.
Mr Jacob Mugisa—speaking from his base in Kampala—also denied appending his signature to the document.
The resolution and the minutes are dated July 19, 2013, from a family meeting in which Ms Kaganda was granted a no objection to get letters of administration of the estate of Mugisa. All these are now the subject of police’s investigations. On October 4, 2013, High Court judge Percy Night Tuhaise granted Ms Kaganda letters of administration.
An inventory filed at the High Court, Family Division at Makindye, Kampala, details how the estate and vehicles of Mugisa were shared. Ms Kalungi and her two children, however, told Sunday Monitor that they have never received anything.
Daughter works as maid
On the issue of company ownership, Ms Jackline Kajumba—who now works as a maid in Dubai—was scrapped from the shareholders of the company list. New shareholders were instead introduced.
Ms Kaganda is the majority shareholder with 350 shares. Jeremiah Mugisa, Joanne Kusiima and Jullieta Musiime all have 25 shares apiece. Save for Ms Kaganda, the only other original shareholder who remained is Jacob Mugisa.
A disputed resolution filed on June 26, 2020, accruing from the declarations of a meeting held at Speke Apartments on June 8, 2019, purports to uphold Ms Kaganda as the manager of Kalita Transporters Limited. The same resolution informed directors they would not receive dividends for three years. It was also decided that the lorries of the departed Mugisa be sold, with priority to buy them given to the company directors. These resolutions were signed by Ms Kaganda and Mr Joseph Peter Adeke as company secretary.
Ms Kalungi, who rents a two-roomed house in which she stays with her son, has appealed to President Museveni to intervene.
“I don’t even have money to pay lawyers. Two legal teams have so far failed us. It is only the President who can assist us,” she said, adding, “Last year, government paid our company Shs6b, but all was swindled by Ms Kaganda.”
Ms Kalungi revealed that she had two children—Jackline and Jacob—with the departed patriarch of the Mugisa household. Her late husband left her one house in Fort Portal and an entitlements of Shs150,000 per week. She alleges that all these were blocked by Ms Kaganda.
Elusive Kaganda
Sunday Monitor tried to reach Ms Kaganda severally. On one successful occasion, after explaining the purpose of our call, she responded: “Wrong number, please. Sorry!”
We, however, verified that the telephone number is registered in her own name—Hope Loy Kaganda. Inquiries via SMS went unanswered. Ms Kaganda, however, sent us a video that showed Ms Kalungi congregating with a group of people and discussing the property matters of Mugisa’s estate. She deleted the video in under a minute.
An inventory filed by Ms Kaganda at the family division on August 8, 2020, indicates Mugisa left behind six children—Mark Asiimwe, Jackline Kajumba, Jacob Mugisa, Joanne Kusiima, Jeremiah Mugisa and Praise Musiime.
In court declarations, Ms Kaganda says the family convened five meetings in 2018 and 2019 and partially distributed the properties. Ms Kaganda claims she was given all land in the areas of Kampala (Kisasi, Lungujja and Wakaliga), as well as all prime land in Kabarole.
Ms Kalungi and her children insist Mugisa left behind 80 buses, 10 brand new trailers, cash worth Shs15b, 19 titles of various sizes for land in Kampala, Kabarole and Kasese districts, as well as seven chunks of unsurveyed land in Kampala and upcountry. In a High Court inventory, Ms Kaganda claims to have distributed the properties, but two children who are listed as beneficiaries say they have never received anything.
Distribution of estate’s assets
● Matrimonial home in Kyenjonjo—remains family property.
● Wakaliga apartments marked as Block A and B—All ground floors taken by Kaganda; Mark Asiimwe—3rd floor; Jackline Kajumba—3rd floor; Jacob Mugisa—2nd floor; Joan Kusiima—Block B 2nd floor; Jeremiah Kusiima —1st floor Block B; and Musiime Praise—Block A 1st floor.
● Plot 1115 (0.100 hectares at Wakaliga)—Ms Loy Hope Kaganda
● Block 17, Plot 1102 (Rubaga)—Loy Hope Kaganda · Block 196; Plots 918 and 916, Kisasi—Musiime Praise, Jeremiah Kusiima, Joanne Kusiima, Bright Pascal and Mark Asiimwe.
● Building at Plot 6, Malibo road Fort Portal— Mark Asiimwe, Jackline Kajumba, Jacob Mugisa, Joanne Kusiima, Jeremiah Kusiima, Praise Musiime, Tindyera Efransi Abwoli.
● Plot 6, Malibo road, Fort Portal—Unnamed caretaker.
● Plot 125, Fort Portal (0.112 hectares and Buryaha-10 decimals)—Loy Hope Kaganda.
● Land in Bukwali Division, Fort Portal—children.
● Plot 1, Kabarole (0.264)—Loy Hope Kaganda · There are also other 10 plots of land spread out at Lugard road, Boma road, Kiculeeta, Tooro road, Kyenjojo, Kaboyo road. They were distributed to Hope Kaganda and children.
● Range Rover in personalised number plates LP—Hope Kaganda.
● All accounts held in various banks were closed, but the inventory doesn’t say how much money they had.
● Nine buses are listed as remaining, but that UAM 834Y and UAL 526N were given to children Jackline Kajumba and Jacob Mugisa. Both said they have never received these.
● The inventory shows 10 trailers, eight of which are said to have been given to children and two to Kaganda.
Liabilities as of end of 2019
The total value of loans is Shs3b.
● Uganda Revenue Authority—Shs1.2b
● Accident claims—Shs333m
● 16 debts to security, insurance companies and individuals—Shs881m
● Bank loans—Shs550m – at least eight cases were listed as being against the company.
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