The scheduled hearing for a case involving a bank’s attempt to sell property belonging to the late Bulaimu Muwanga Kibirige, also known as BMK, over a shillings 10 billion debt, was postponed on Tuesday, February 20, 2024, due to unpreparedness of the parties involved.
Commercial Court Judge Stephen Mubiru announced the adjournment to April 3, 2024, as neither party nor their witnesses were ready for the proceedings.
The property in question, valued at shillings 10 billion, is situated on block 273 plot 46 Mulambula Road in Buziga, Makindye division, Kampala district.
Last year, the court halted the sale of the property following an application filed by Ali Muwanga Kibirige, the executor of BMK’s estate. The bank had obtained a warrant of attachment and sale of the property on January 19, 2023.
In addition to blocking the sale, the court issued an order restraining one of BMK’s sons, Haruna Kalule Muwanga, and the Commissioner Land Registration from conducting any transactions on the land.
Ali Muwanga, in his affidavit, alleges fraudulent transfer of the property from BMK to Kalule, without proper authorization. BMK passed away on September 10, 2021, and Ali Muwanga was granted letters of probate to manage his estate.
The court heard that the Commissioner Land Registration issued a second notice of intention to effect changes in the register on February 14, 2023. Ali Muwanga contends that his lawyer discovered a forged signature of BMK on the transfer form used by Kalule during a public hearing at the land ministry on March 9, 2023.
Ali Muwanga seeks a declaration that the property belongs to BMK’s estate and that the transfer to Kalule was illegal and fraudulent.
In a separate case, Ali Muwanga is also seeking to prevent Equity Bank Uganda Ltd from selling sh2b matrimonial property located in Upper Naguru, Kampala. He accuses his siblings and BMK’s wife of mortgaging the property with the bank without his knowledge.
