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Kirumira, city lawyer fight over property
Mr Godfrey Kirumira and Mr Deox Tibeingana. File photos
What you need to know:
- Mr Deox Tibeingana is seeking court orders declaring the actions of Mr Kirumira and those of his son null and void. He also wants the court to declare that Mr Kirumira and Mr Kabuye’s interest charged to the plaintiff is illegal and unconscionable for being excessive.
Businessman Godfrey Kirumira and a lawyer, Mr Deox Tibeingana, are embroiled in a legal battle over ownership of properties worth billions of shillings.
In the case filed before the Commercial Division of the High Court, Mr Tibeingana accuses Mr Kirumira of forcefully taking over his property which he handed to him as collateral security.
Mr Tibeingana alleges that in 2017, Mr Kirumira disbursed a loan of Shs2.3 billion to enable him develop some properties of interest and some were given as security.
It is alleged that pursuant to the agreements, Mr Tibeingana handed Mr Kirumira three certificates of titles for three condominium properties with each valued at Shs300m.
Mr Tibeingana contends that contrary to the agreement, Mr Kirumira instead transferred the titles to persons who were not part of the transaction among them his wife, Ms Grace Namara.
“The defendant became evasive when being called upon to receive the money and instead registered the land into names of his wife,” the court document reads in part.
Mr Tibeingana is seeking a court declaration that Mr Kirumira’s conduct is a breach of the contract between them.
He is also seeking a declaration that the relationship he has with Mr Kirumira is that of a borrower and money lender respectively, and that the transfer, registration and taking over of his property at Munyonyo in Kampala is null and void.
“A declaration that the defendant’s conduct has caused the plaintiff loss of income, business loss and mental anguish for which the defendant is liable to pay by way of exemplary and general damages, an order that the value of property illegal and forcefully taken over by the defendant be used to defray the outstanding amount owed to him by the plaintiff,” the complaint states.
In a separate case file, Mr Kirumira’s son, Mr Gideon Kabuye, has been accused of breaching laws that govern money lending when he registered himself on three properties in Mbuya, Nakawa Division which were advanced to him as security.
Court documents indicate that between November 2018 and March this year, Mr Kabuye advanced a loan of Shs650m but upon payment in full, Mr Kabuye refused to pick calls and or accept to return the securities claiming that he is a purchaser and owner of the properties.
Request
Mr Deox Tibeingana is seeking court orders declaring the actions of Mr Kirumira and those of his son null and void. He also wants the court to declare that Mr Kirumira and Mr Kabuye’s interest charged to the plaintiff is illegal and unconscionable for being excessive.
