Justice Immaculate Busingye of the High Court Land Division has sent back a land wrangle case to the High Court Family Division, where a city businessman Fulgence Kalibala together with Dfcu bank are battling with the late Prince Badru Kakungulu family.
The land in contention is located on block 208 plot 4579 at Kawempe Ginery.
Kalibbala through his Lawyers Jamiru Mujurizi and Derrick Muhumuza Kahima argue that he bought the said land over Shs2Bn from DFCU bank and this he says was after failure by Tuff foam Uganda Ltd to service a loan issued to it by Crane Bank thereby giving DFCU bank which took over Crane Bank; the mandate to sell Tuff Foam’s land to the Businessman.
Kakungulu’s family however through their Lawyers Led by Daniel Lubogo together with Abbas Kawaase contended that City Kalibbala cannot exonerate himself from liability as he was aware of the orders earlier issued by Justice David Matovu of the Family Division of the high court regarding the suit land.
They added that there were attempts by DFCU Bank to obtain consent from the Kakungulu family to carry out the transaction in favor of Kalibala that was denied by the family because the family had earlier issued out a lease to Tuffom Uganda Limited and the same was still subsisting.
Col Edith Nakalema the head of the State House Anti-Corruption Unit on September 3, directed that no activity should take place on the land until her office carries out investigations into the matter after subsequent attempts by City Kalibbala to do so.
Kalibbala later filed Civil Suit No. 768 of 2021 before the Land Division of the High Court against Hajjati Sarah Kakungulu, Prince Kassim Nakibinge, Prince Khalifhan Lukanga, and the Attorney General contesting police actions and that of the family of the Late Prince Badru Kakungulu restraining him from accessing the land to put up his developments yet he had purchased the same from DFCU Bank.
In their response, the Kakungulu family’s lawyers raised objections before the court contesting the suit, contending that the Land Division could not go ahead to hear or even entertain the Suit filed on the premise that the Family Division of the High Court had already made pronouncements and Orders regarding the same land involving the same parties.
In her judgment delivered by His Worship Simon Kintu Zirintusa, the Assistant Registrar of the Land Division of the High Court reading the directives and orders of the Trial Justice, Busingye dismissed the and said that Kalibala ought to comply with the orders and directives issued by Justice David Matovu of the Family Division of the High Court requiring him to return the Certificate of Title for the suit land in favor of the family of the Late Prince Badru Kakungulu.
