By Nasser Kasozi
The much awaited case in which city tycoon Mohan
Musisi Kiwanuka was sued by his son for alleged wrongful eviction, was Thursday
October 24, 2019 adjourned to October 29, 2019.
The case was before justice Godfrey Namundi, of the Family Division of the High
Court that’s housed next to the Makindye chief magistrates court.
In the Civil Suit: HCCS No. 535 of 2019; Jordan Ssebuliba Kiwanuka & Lowerhill Management Limited vs Visa Investments Limited and Mohan Musisi Kiwanuka, Sebuliba, his company, Lowerhill Management Limited and his mother Ms Beatrice Kavuma, jointly sued Mohan Kiwanuka and his Company, Visa Investments Limited.
The Plaintiffs run to court to forestall the impending eviction of Jordan Sebuliba from properties: Plot 10A and 10B Akii Bua Road and Plot 21-29, Golf Course Road, Kololo, in Kampala, that he irregularly occupied and but are owned by Mr. Mohan Kiwanuka’s Visa Investments Limited.
This follows an eviction notice to the first plaintiff, Jordan Ssebuliba by Visa Investments limited, the owners of the properties. The property owner wants vacant possession of their properties without any further delay. Mohan Kiwanuka has been sued despite the fact that the suit properties aren’t registered in his name.
Strangely, in their plaint, the plaintiffs, have also brought into the suit, property comprised in Plot 22A Kawalya Kaggwa Close, Kampala, in which Mr. Mohan Kiwanuka’s first wife, Ms. Beatrice Luyiga Kavuma resides. At no one time has Mr. Kiwanuka sought her eviction from the property.
In his defense, Mohan Kiwanuka argues that suit property isn’t registered in his name, and that Visa Investments Limited, a company in which he is director has full rights over the property.
The plaintiffs, however, have prayed to court to lift the veil of incorporation of Visa Investments Limited, an action that would mean that company internal workings would be made public, including would-be company secrets. The foregoing has been made ostensibly to show that Mr. Mohan Musisi Kiwanuka is deeply involved in the decision-making process in the company.
What has emerged, is that, in his bid to buttress
his case, the first plaintiff has made several arguments to justify the
compensation from the defendants. These include that the first plaintiff (Sebuliba)
took care of his mother since 2017 using proceeds from some
of the suit properties which should have been the responsibility of the first
defendant (Mohan Kiwanuka).
The plaintiff argues that he made contributions to medical bills of the sister
using proceeds from the suit properties; that the first plaintiff funded the
introduction of his sister using proceeds from the suit properties and that the
plaintiff has been meeting the costs of managing their family/ ancestral home.
The plaintiff’s therefore seeking court to grant him authority to retain and manage
the estate due to the associated benefits it renders in terms of welfare to the
named beneficiaries above.
During Thursday’s hearing, court was informed that Counsel Francis Buwule had
pulled out from the case. This follows the realisation that as Secretary to
companies that could most likely testify in the ongoing case, it would constitute
a clear conflict of interest.
