The family of deceased rally driver and Kampala businessman Charles Muhangi has expressed shock and condemned the decision of police to evict them from Qualicel bus terminal and Nabukera plaza.
The Supreme Court recently ruled that the multi-billion shilling properties on plots 43 to 47 on Nakivubo Road belonged to Muhangi’s family.
This led to Muhangi repossessing the properties from tycoon Drake Lubega and Mansoor Matovu alias Young.
However, Muhangi passed away as Lubega and Matovu sought a review of the court ruling.
Efforts to pay off family members to allow Lubega and Matovu take the properties has since met stiff resistance from the deceased’s son Lionel Muhangi.
Police and the military deployed heavily in downtown Kampala to evict the Muhangi’s to allow Lubega and Matovu take charge.
Speaking to ChimpReports on Wednesday night, Lionel’s mother, Anne Mugisha, said the Supreme Court “has been arbitrarily rescinded by a corrupt government.”
She added: “Who deployed military police to resolve a civil dispute?”
The Daily Monitor quoted Police Director Legal Affairs, Mr Erasmus Twaruhuka writing to the Commander Kampala Metropolitan to evict the late Muhangi’s family from the property.
“The purpose of this communication is to relay position of the matter which is that Lubega should be in possession of the premises in question as the matter of ownership awaits court’s jurisdiction. The matter therefore is to instruct that you ensure that possession of the premises returns to Mr Lubega. Any property that is aggrieved by this decision is advised to seek court redress,” Mr Twaruhuraka wrote.
Mr Twaruhuka says the police eviction order is based on the earlier opinions given by the successive Attorney Generals and Deputy Attorney Generals between 2014 and 2017.
But Mugisha wondered how a police officer could act against a ruling by the Supreme Court.
“Why is the Head of the Legislature writing to Police to overturn a Supreme Court Order on occupancy of a disputed property?” asked Mugisha.
The Supreme Court was expected to give its ruling tomorrow (Thursday) after Lionel Muhangi went to court seeking repossession of the properties he co-owned with his father under Horizons Coaches Ltd.
Mugisha wondered: “If matter of ownership is coming up for resolving tomorrow why couldn’t the Police wait for the outcome/court ruling? Why are they trying to preempt justice? Why are the legislative and executive arms of government overruling decisions of the judiciary?
As at 8:00pm, Muhangi’s family was still putting up resistance against plans to evict them.
Efforts by State House and other institutions to resolve the dispute are yet to bear fruit.