Gatsby association wins round II in industrial park battle
MBARARA– Mbarara High Court presided over by Lady Justice, Joyce Kavuma, has allowed Mbarara Gatsby Small Scale Enterprises Association Limited [MGSSEAL] to be part of the MISC Cause No.002 of 2022 where sitting tenants of Mbarara Industrial park sued Uganda investment authority [UIA] over land ownership.
The latest judgment follows MISC Application N0.136 of 2022 filed by MGSSEAL on May 11, 2022, to be included in the main case. The application was heard on June 1, 2022, in the same court.
In a ruling delivered by Samuel Twakire, acting Deputy Registrar Mbarara High Court on Tuesday, court officially granted MGSSEAL permission to be part of the main case where sitting tenants [respondents] are challenging UIA over the ownership of the disputed industrial park in Mbarara.
“This matter is coming up for ruling, the application was brought under rule 48 and was handled by three judges,” reads part of the judgment.
The ruling means UIA will now be joined by MGSSEAL in the court battle with the sitting tenants under the umbrella of Ankole Small Scale Industrial Association [ASSIA]. The tenants accuse UIA of transferring ownership of the contested land to MGSSEAL, thus the latter becoming the landlord.
Bright Kamusiime of ABBAS Advocates, counsel for the applicants thanked the court for allowing his clients for being part of the case, saying they are genuine landlords.
“We are happy that our application has been allowed and we are now waiting for them so that we can present our issues in the main suit but we shall put up a spirited fight to see that justice presides.”
“Court has asked them to go and make changes to make sure they add you as part of the case where you will be served to confirm that you are part of the suit but if they don’t serve you, we shall apply court to dismiss the matter with costs,” he added.
Those whose tenants’ agreement expired should either cooperate with you [MGSSEAL] or quit the premises, Kamusiime further advised.
“We shall total all the bills and they will have to pay good enough they are still present and if at all these tenants lose the matter, they will pay all the money including the court costs but they will pay all the costs after the main suit.”
Kamusiime said “since the application is now allowed, it will effectively facilitate the completion and determination of the main suit as all questions surrounding ownership of the industrial park will be answered.
He added the court will no longer be misled by lies told by the respondents in the matter since his clients are the mother owners of the suit industrial park.
“It was fair and equitable for this honorable court to have ordered the respondents to include the applicants [MGSSEAL] in the main suit so that they can give the account of their story. Now that our application is granted all questions involved in the disputed subject matter shall be resolved at once and multiplicity of cases in court will be avoided.”
However Fred Kimbareba, chairman MGSSEAL castigated traders under ASSIA for their actions, saying they have caused landlords –MGSSEAL to bear unnecessary costs as the result of the suit still in court.
“The industrial park is ours, as I showed you all the documents. But these people [ASSIA] have chased us from the park, destroyed our padlocks, and are now owning our rooms. They are using water freely and they don’t pay electricity bills. So what can we do?” He asked.
He said that ASSIA’s agreement with UIA expired even though the former are still enjoying the industrial park facilities without paying.
Victor Kansiime, executive director Millionstars Health products Ltd, one of the respondents in the application, welcomed the court’s decision to allow MGSSEAL to join UIA in the main suit.
“We welcome court’s decision and now that they [MGSSEAL ]have joined the case, the truth will be out,” Kansiime said.
The main suit to determine whether MGSSEAL should remain the legitimate landlord of Mbarara Gatsby industrial park will be heard on October 11, 2022.
There are 24 companies under ASSIA operating from Gatsby Industrial Park that has 60 housing units.
Such aggrieved tenants include; Agribusiness and Real Estate Investments, Active Living Uganda Limited, Bontao [U] Limited, Bold Energy Limited, Esperanza Distributors Limited among others.
https://thecooperator.news/court-to-rule-on-mbarara-gatsby-application-in-late-june/
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