High Court-commercial division had stopped Prof Venansius Baryamureeba and outgoing Kampala Woman MP Nabilah Naggayi Sempala from evicting Isaac Sempala from his posh home in Buziga, a Kampala suburb.
Justice Stephen Mubiru stopped any intended eviction of Sempala (Nabilah’s husband) pending the final disposal of the main suit which he fixed for hearing next month on 19th.
The property in question was allegedly used as collateral by the couple to acquire a Shs850million loan from former Makerere University Vice-Chancellor Prof Venansius Baryamureeba which they later failed to pay.
Out of the Shs850 million loan secured between 2013 and 2015, Nabilah and her husband managed to pay back only Shs50 million. This prompted Prof Baryamureeba to claim the property amid contention from Sempala who alleged that the former and the legislator were conniving to steal his house since he knew nothing about the outstanding loan.
It is from this background that Sempala went to court to seek help and to protect his property from the two. In his petition, he prayed that the court issues a temporary injunction restraining the respondents (Nabilah and Prof Baryamureeba), their servants from entering the suit land.
Sempala also sought; a declaration that he is the lawful owner of the suit land comprised in LRV 4004 Kyadondo Block 273 Plot5 Katuso Close, Kampala. A declaration that the 2nd Defendant illegally and unlawfully pledged the title deed for the suit land to the 1st Defendant as a security for the loan.
However, his request was squashed by the Chief Magistrate’s Court of Makindye who issued an exparte interim protection order against Sempala in favour of Nabilah who had expressed willingness to vacate the suit House on 7th March, 2021.
Sempala through his lawyers of Kasana, Mpungu and Co. Advocates filed another petition against the decision of the Chief Magistrate court and a substantive application for a temporary injunction.
While in the court on Monday during the hearing of the petition, counsel Ronald Kayizzi for Sempala informed the court that the threat of eviction exists because Nabilah in her letter dated 24/02/2021 addressed to Baryamureeba ‘s lawyers since she had agreed to vacate the suit land on 7/3/2021 so that Baryamureeba could get in.
Nevertheless, Nabilah’s lawyers led by Tomusange from Luzige, Kayla and Kavuma Advocates told the court that there was no danger of eviction and asked the court to dismiss the application.
Justice Mubiru wondered why the Chief Magistrate’s Court of Makindye would issue an exparte interim protection order against Sempala in favour of Nabilah yet she had expressed willingness to vacate the suit house.
The Judge wondered why Nabilah is playing two courts (High Court Makindye Magistrates Court) so as they produce conflicting orders. He went on to say that there is no way Makindye Court order could issue on 4/3/2021 to Nabilah kicking out Sempala from the House which she was ready to leave by 7/3/2021. He added that hadn’t Sempala secured a court order, the premises would be owned by Baryamureeba.
For the first time Nabilah, Sempala and Prof Baryamureeba were present in court till the judge ruled that nobody is allowed to evict Sempala from the house till the case has been heard.
The Judge also proposed that he and all the parties plus their lawyers will go to the suit land on Thursday 22/4/2021 to see how Nabilah and Sempala will live together in the suit premise peacefully until the main case is heard and determined.
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