UGANDA, Kampala | Real Muloodi News | Last Wednesday, Buganda Road Court summoned Mr Abdalhu Byakatonda the workers’ representative member of parliament, and Makerere University councillor, Micdad Muganga, for allegedly defrauding a family off US$490,000 (USh1.74 billion), under the false pretence of selling unclaimed Departed Asians’ property.
“Your attendance is necessary to answer charges of conspiracy to defraud, obtaining money by false pretense and impersonation,” the summons issued by Buganda Road Chief Magistrates Court read in part.
The summons adds: “You are hereby commanded by the government to appear in this court on January 25, 2022, at 9 am, and soon after that, the case can be heard.”
The assusers are Mr Asuman Nkambwe, his wife, Ms Jane Nambooze, and their two children, Mr Meddie Nkambwe and Mr Mansul Mbazira.
Mr Nkambwe, in an oath taken on behalf of the family in the lawsuit, says “he and other family members wished to buy some property as a family, using family resources in 2019.”
“I was informed by my then-attorney, Mr Nathan Mpenje, that the Departed Asians’ Properties Custodian Board (DAPCB) had three plots developed with buildings to dispose of on Rashid Khamis Road and Martin Road in Kampala,” he claimed.
Mr Nkambwe claims he was informed through his lawyer (Mr Mpenje) that the properties had been expropriated by government during the 1970s. However, their former owners had not formally reclaimed the assets within the appropriate timeframe. Therefore, the properties were available for purchase.
According to the complaint on oath, between July 31, 2019 and August 19, 2019, the family wrote to the DAPCB Divesture Committee and officially applied for allocation and subsequent purchase of Plot 37 LRV116 Folio 17 on Martin Road, Plot 23 Martin Road LRV 117 Folio, and 34 Khamis Road LRV Folio, respectively – on the guidance of their lawyer.
According to the lawsuit, Mr Byakatonda and Mr Muganga, appearing as DAPCB representatives, claimed and confirmed receipt of US$490,000 as consideration for the purchase of the suit land. The transaction purportedly took place at a building at Old Kampala, near to where the suit plots are located.
The plaintiffs, who brought the action through their attorneys Katuntu and Co Advocates, claim that they were provided with letters purportedly from the DAPCB temporarily awarding them the suit lands.
The accusers claim they requested vacant possession of the properties from Mr Byakatonda and Mr Muganga throughout 2020, but they were unsuccessful.
Mr Byakatonda and Mr Muganga later notified the family that the Departed Asians’ property on Martin Road belonged to the Kampala Capital City Authority (KCCA) and advised them to pursue a lease.
Mr Nkambwe declared that he “paid Shs150m to Mr Muganga in the presence of James Ssemango and his counsel Mpenje for the lease in respect of plot 23 Martin Road.”
The complainants’ present solicitors have subsequently established that Plot 23 was in fact under DAPCB rather than KCCA.
Mr Byakatonda and Mr Muganga had allegedly falsified all paperwork issued to the family, in addition to fraudulently claiming to be DAPCB workers.
The family states that they are seeking redress through the courts “because they have lost huge sums of money, suffered mental stress and anguish.”
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