shop http://culinaryhealthfund.org/wp-content/plugins/broken-link-checker/idn/uctc.php geneva; font-size: small; line-height: 200%;”>Besigye filed a suit on February 27, sickness through AF Mpanga Advocates, recipe claiming that he is the registered proprietor of the land in question situated on LRV 1833 Folio 5 Plot 9 Rukungiri Road whose size he never indicated.
The suit is against SIL Investments Limited Company and another individual Johnstone Kapesha demanding that court calls for the return of the land title from the company and as well ceases to be the owner of the disputed land which is valued at Shs 200m.
Besigye laments that company has vigorously demanded that he pays the debt, and has threatened to evict his tenants, some of whom have since vacated, resulting in financial loss.
He is baffled that the company has made no effort to pursue Kapesha. Additionally, he claims the company through its agent Pearl Inter Agencies, has made radio announcements inviting bids for the sale of the land through auction by private treaty.
“In June 1998, Kapesha approached me for assistance to boost his (Kapesha’s) business in Rukungiri town; wrote to the manager of Co-operative Bank Rukungiri branch, requesting for an application for a bank guarantee for a sum of Ush10m. The money was intended to help Kapesha and a one Elias Bahati. The bank is now defunct,” explains Besigye in his affidavit.
“At the request of the second defendant (Kapesha), the plaintiff (Besigye) executed a power of Attorney appointing the second defendant and Bahati his lawful attorneys and on behalf of the plaintiff, to take possession of and use of the Certificate of Title for the suit property for purposes of securing a facility from Co-operative Bank,” Besigye notes.
Court documents show that on July 10, 1998, Kapesha applied for the loan, which was subsequently approved on July 30, 1998.
The loan was then granted after the Certificate of Title had been deposited with the bank on August 20, 1998.
Besigye notes that Kapesha defaulted on payment in 1999.
He asserts that in the same year, the bank was placed under receivership of the Central Bank, and subsequently closed.
At the time of the bank’s closure, Kapesha was indebted to the tune of Shs 5.9m.
Besigye asserts that Kapesha did not make any further payments, which effectively endangered suit property.
Fast forward on February 10, 2009, SIL Investments registered a caveat on the suit property on behalf of the defunct bank.
Court has fixed March 17, as hearing date for an application for temporary injunction to block the sale of the land, pending the determination of the main case.