Through his lawyers, Twikirize and company advocates, Kabagambe who has sued the Municipality together with Kabale District Land Board and Commissioner Land Registration argues that the manner under which Kabale Municipality acquired a freehold certificate of Kabale Central Market was fraudulent.
Copy of Summons
A businessman in Kabale Robert Kabagambe has sued Kabale Municipality for fraudulently acquiring the market land title.
Through his lawyers, Twikirize and company advocates, Kabagambe has sued the Municipality together with Kabale District Land Board and Commissioner Land Registration.
He argues that the manner in which Kabale Municipality acquired a freehold certificate of Kabale Central Market was fraudulent.
The Municipality acquired a freehold certificate in preparation for the construction of the market under the Markets and Agricultural Trade Improvement program - MATIP III, with funding from the African Development Bank and the Government of Uganda.
However, in a High Court Kabale Civil Suit number 0005 of 2019, Kabagambe says that Kabale district land board granted a freehold title to Kabale municipal council without his knowledge.
According to Kabagambe, his 49-year lease started on March 1st 1990.
Kabagambe also says that he recently learnt through the procurement advertisement issued by Kabale municipal council the media that his entire Lockup shop will be demolished to pave way for fresh construction.
Kabagambe wants the High Court to declare him as the lawful owner of the lock up shop in the market. He also wants court to declare the grant of freehold certificate of title for the entire Kabale central market as null and void since it was acquired illegally.
Didas Muhumuza, the Kabale High Court registrar says that the High Court has given Kabale Municipality 15 days to file their defence on the case.
Joseph Monday, the Kabale Municipality Town Clerk says that they have received the summons and the Municipal lawyer is handling the matter.
In December, traders and lockup owners in Kabale Central Market under their umbrella Kabale Central Market Traders Association petitioned the High Court seeking an interim injunction halting the registration exercise by Kabale Municipal Council ahead of the planned construction of the market.
They argued that the registration cannot go ahead without the involvement of their leadership, the availability of all necessary information regarding the exercise, the Memorandum of Understanding and market designs for scrutiny.
The matter is currently under mediation led by Prime Minister, Ruhakana Rugunda as advised by Court.