Government stops shop allocation in new park

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KAMPALA- Developers intending to own and conduct business in the newly constructed shops in the New Taxi Park have been stopped until a case in court has been disposed of.

The Ministry of Lands, Housing and Urban Development has placed a caveat (ban) until court concludes the petition on the land.

The caveat was placed on March 20. It arose from a September 2016 interim order by the High Court’s Commercial Division, which stopped New Park Lock-Up Owners Association and its managers from conducting any activity at the site.

“An interim order doth issue against the respondents restraining them, their successors in title, agents, representatives, assignees, employees and or any other person claiming or acting in their respective capacity or under their respective title, from any further allocation, sale, disposition, transfer or parting with proprietary interest in, mortgage, pledge as security or any dealings in condominium units and or properties,” reads the order issued by the court registrar, Mr Thaddeus Opesen.

The property in dispute is located on Mackay and Namirembe roads in the city centre.

A businessman John Imaniraguha sued New Park Lock-Up Owners Association jointly with its leaders John Fred Kiyimba and John Rogers Tusingize. He is seeking orders to compel them to hand over to him 14 land titles of the lock-up units.

Imaniraguha also wants court to order the accused parties to pay him damages for allegedly denying him ownership of property.

Through his lawyers, KMA Advocates, the businessman sued the association and its leadership for breach of contract in failing to allocate him 14 lock-up shops.
Imaniraguha contends that in 2013, he entered into agreement with Kiyimba and Tusingize for allocation of 12 lock-up units for retail and two shops for wholesale business for which he paid Shs909.7m.

He claims that upon paying the full amount, the association purports that he was eligible for only nine retail shops and a wholesale shop out of the 14 and on condition that he pays $3,868.96 (about Shs14m) and another Shs18m. The association and its managers have denied liability and branded Imaniraguha’s petition as “an abuse of court process.”

The association contends that Imaniraguha did not pay the full amount for the lock-ups as had been agreed at Shs53m for construction for a retail shop and Shs137m for construction of a wholesale shop.

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