THE Jinja Resident City Commissioner (RCC) Darius Nandinda has forwarded the bitter wrangle between two investment companies Lukonge Cotton Company (LCC) and Hard Rock Quarry (U) Ltd to the Minister of Lands, Housing and Urban Development Madam Judith Nabakooba for guidance.
Nandinda says the decade-long saga, shrouded in a ping-pong of absurdism, has become a kind of theatre where some agents are exploiting to extort money from the investors.
He says the land officially is in the possession of Hard Rock Quarry (U) Ltd because the directors have submitted all the relevant and authentic documents including copies of the high court ruling.
“…we have always asked the two parties to submit in their documents to support their claims and so far its only Hard Rock Quarry(U)Ltd that has done so while Lukonge Cotton Company keeps on giving endless excuses…”,the RCC said.
The land in question is situated on Plot 68-72 along the pot-holed crowded and dusty Industrial Estate Road, Masese II, Southern Division in Jinja City.
However, the Lukonge Cotton Company Human Resource Manager (HRM)
James Francis Asiimwe, says the Darius Naninda-led Jinja City Security Committee has disappointed them by refusing to implement a court order.
The Jinja High Court Deputy Registrar Jinja High issued an interim order restraining three parties, namely the Commissioner Land Registration, the defunct Steel Rolling Mills(SRM) and hard Rock Quarry( U) Ltd appearing as respondents from evicting Lukonge Cotton Company Ltd from the land.
Although facts on the ground based on court rulings and decrees clearly indicate that Hard Rock Quarry (U) Ltd is in full possession of the land where they have hired the services of Wolves Security Group whose guards are vigilantly keeping watch over the property.
The RCC clarified that they could not implement the Order because it had loopholes, considering the fact that it was the same Committee that officially allowed Hard Rock Quarry (U) Ltd to take possession after presenting credible legal documentary evidence.
Even at the time when the meeting was called, Hard Rock Quarry (U) Ltd had been in physical possession of the land up to this very day, and so the City Security Committee relied on the documents to clear.
James Francis Asiimwe,insists the land, measuring 3.2540 hectares belongs to Lukonge Cotton Company(U)Ltd and that the truth is soon coming out ahead of another court hearing soon at the Jinja High Court.
What You Need To Know:
According to documents available, the original certificate of title under LRVJJA 74 Folio 7 was issued on 13 October, 2014 to Hard Rock Quarry Uganda Limited who enjoyed peaceful possession before trouble erupted.
One of the directors of Hard Rock Quarry identified as Bob Singh Dhillon traced the origin of the confusion to Abid Alam, the then proprietor of the defunct Steel Rolling Mill (SRM) who allegedly claimed customary ownership of the same land and used his connection to influence the Commissioner Land Registration to erroneously cancel the title.
But without carrying out due diligence, Lukonge Cotton Company(U)Ltd bought the land which was already in the hands of Hard Rock Quarry(U)Ltd which triggered a protracted legal battle.
The Commissioner Land Registration erroneously cancelled the title of Hard Rock Quarry (U) Ltd which had acquired the said land from the Jinja District Land Board way back in 2014.
In 2020 during the lockdown confusion brought by the COVID 19 pandemic, Kampala City businessman Abid Alam the boss of the defunct Steel Rolling Mills Ltd fraudulently acquired a title on the same land in the name of his company (SRM Ltd).
In the same vein, bid Alam transferred the purported land title to Lukonge Cotton Company(U)Ltd whose boss Bhart Thumar)is said to be his close business associate.
After getting the title, Lukonge Cotton Company (U) Ltd filed a civil suit number 17 of 2021 which was subsequently dismissed in April, 2024.
Interestingly, the High Court had already pronounced itself on the same land in favor of Hard Rock Quarry (U) Ltd and the order was served to both Abid Alam and Lukonge Cotton Company (U) Ltd.
The High Court Judge, Lady Justice Dr Winifred Nabisinde concluded the long standing land matter between Hard Rock Quarry Uganda Limited and Lukonge Cotton Company Limited with a legal jargon res judicata.
According to legal experts, the doctrine of res judicata, also known as claim preclusion derived from the Latin, “a thing or matter that has been finally judicially decided on its merits and cannot be litigated again between the same parties is a legal principle that states that a matter that has been finally determined by a court of competent jurisdiction cannot be re-litigated by the same parties or their privies in a later suit.
Experts explain the purpose of res judicata is to promote judicial efficiency and prevent the harassment of parties by multiple lawsuits.
“…Civic Suit No 17/2021;Lukonge Cotton Company vs. Hard Rock Quarry(U)Ltd and Commissioner Land Registration is found to be unmaintainable in law for being founded on illegalities and is hereby dismissed…”,Lady Justice Dr Winifred Nabisinde ruled.
In the ruling on Civil Suit 17 of 2021, the judge dismissed that Lukonge Cotton Company has no locus and legal basis to sue Hard Rock Quarry, adding they should instead go after Abid Alam of Steel rolling Mills who fraudulently sold them ‘air’.
The RCC told this reporter that the owners of Lukonge Cotton Company (U)Ltd have said when other options fail, they will go after Abid Alam who has some business activities in Mubende district for a refund.
Hard Rock Quarry Uganda Limited now has a Special Certificate of Title that was issued on 30 April, 2024 by the Registrar of Titles, a copy of which this reporter obtained and confirmed as genuine certified one.
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