City trader’s case fails to take off

Kampala, Uganda | THE INDEPENDENT | Hearing of a case filed by traders operating on contested commercial buildings in Kampala failed to take off on Monday as the respondents sought leave to file more affidavits and cross examine the applicants.

More than 292 city traders ran to the Civil Division of High court last week when they found their shops locked because of ownership disputes between city businessmen, Francis Drake Lubega, Mansur Matovu and Horizon Coaches Limited, which belongs to the late, Charles Muhangi.

The contested buildings include Nabukeera Plaza, Qualicel bus terminal and Jamboree Arcade.

Through Lukwago and company advocates, the traders are contesting the closure of their shops, disconnection from electricity and other utilities and demanding rent in an intimidating manner.

The matter came up for hearing this afternoon before Justice Andrew Byabashaija but didn’t take off because the respondents sought leave of court to file more affidavits and cross examine some of the applicants.

Adam Kirumira, the legal representative of Lubega and Matovu told court that they were served late and didn’t have ample time to file a number of affidavits, which they deem important in the matter.

“We were served late on Friday evening. There we didn’t have enough time. I pray that we are granted leave to sort out this,” he told court.

Erias Lukwago, the representative of the traders prayed to the court to issue interim orders allowing traders to reopen their businesses as the matter is adjudicated.

Lukwago argued that the traders have made tremendous losses ever since the confusion surrounding the commercial buildings began.

However, Kirumira objected to Lukwago’s plea, saying the judge can’t rule on a matter that hasn’t been filed fully.

“Counsel Lukwago is ambushing the court to set a position of things not based on evidence,” he argued.

Justice Byabashaija was reluctant to allow Lukwago’s prayer.

He concurred with Kirumira’s submission, saying the case hasn’t been fully filed, adding that there is no legal basis to give such orders as the applicants wished.

“Am reluctant and constrained to take decision basing on the fact that the case file is still hanging. Even up to now more affidavits and documents are coming in like the one you have just submitted. And as a person I don’t want to make a decision, which will later be challenged,” Justice Byabashaija said before adjourning the matter to April 10, 2019.

The judge’s decision drew murmurs from the fully packed court as some traders jeered. Others were seen wiping tears while some matched out of the court in protest.

Kirumira worsened matters when he said that if the traders have been able to wait for over six days from when the building were closed,  they can as well hold on for two more days.

Lukwago appealed to Justice Byabashaija to consider applying a judicial notice since the matter is factual but this couldn’t persuade the judge to change his mind. Some of the traders cried foul play, saying they expected to get justice from the court in vain.

They explained that the fighting between the landlords has impacted greatly on their work.

Lukwago pleaded with the traders to remain calm until the matter is brought before court, which he thinks will give a lasting solution. He advised the traders not to pay rent until the matter is disposed of.

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