In a lawsuit filed before High Court’s Land Division last Thursday, Mr Asuman Nkambwe, his wife Jane Nambooze, as well as children Meddie Nkambwe and Mansul Mbazira, state that the said money was for payment of properties on Rashid Khamis and Martin Road.
The family sued Workers’ MP, Mr Abdulhu Byakatonda; Mr Micdada Muganga; and businessman Nasser Basajjabalaba.
According to the court documents, the family contends that it wished to buy some properties using their resources in 2019. They had been informed by their lawyer that the Departed Asians Properties Custodian Board (DAPCB) had three plots that it wished to dispose of on Rashid Khamis and Martin Road.
“I was informed that these properties were developed with buildings and that although they had been expropriated during the 1970s and vested in [the] government, their former owners had not legally repossessed them within the time limited by law,” Mr Nkambwe states.
Mr Nkambwe says their lawyer cleared the family to purchase the properties after carrying out due diligence. He adds that they were advised by their lawyer to apply for the allocation and purchase of the plots to which they did on July 31, 2019.
The DAPCB Divesture Committee received their application on August 21, 2019, expressing their intention to purchase Plot 37 on Martin Road. They then paid about Shs1.75b as consideration for the purchase of the land to Mr Byakatonda (chairperson, DAPCB). Mr Muganga, acting as an agent of DAPCB, was also involved in the transaction.
“I made the first payment to the first and second accused at a building in Old Kampala, the second and third payment were made at Equity Bank Kampala Road and at my shop at Nakivubo Trading Centre,” Mr Nkambwe explains.
He further states that the money was paid through their lawyer in his presence on behalf of the family. The two accused persons promised to give vacant possession of the properties upon payment of the full purchase price.
Mr Nkambwe explains that on September 5, 2019, DAPCB separately wrote to his two sons temporarily allocating them plots 34 and 37 on Rashid Khamis Road and Martin Road respectively. He also received a letter from DAPCB on October 15, 2019 temporarily allocating him Plot 23 on Martin Road. Incessant demands in 2020, however, did not turn the purchased properties to the family.
Court documents indicate that in 2021, the family sought vacant possession from the occupants of the properties, but they did not have knowledge of any transactions.
“To my dismay, I was informed by the first and second accused persons that that Plot 23 belonged to Kampala Capital City Authority (KCCA) to which I was advised to process a lease,” Mr Nkambwe states.
“I was informed by my then lawyer Nathan Mpenja that the third accused who was the secretary of Kampala District Land Board asked for Sh200m to pay for the lease. I paid Shs150m to the second accused in the presence of my lawyer to be delivered to the third accused for the lease,” he added.
Mr Nkambwe claims that the family just borrowed Shs150m. He further states that he was offered the same plot at Shs451m under private Treaty and Shs254m for Plot 23. After making the payment, the family came to learn that all documents were forged thus leading to loss of money and suffering mental stress.