The government of the Democratic Republic of Congo (DRC) has lost the fight to recover six properties after the Constitutional Court dismissed its petition.
A Coram of five justices of the Constitutional Court led by Deputy Chief Justice Richard Buteera unanimously dismissed the DRC petition reasoning that the matter did not raise any matters for Constitutional interpretation.
Other justices include Kenneth Kakuru, Catherine Bamugemereire, Christopher Madrama and Esther Mulyagonja.
The DRC government had contended that the takeover of the different properties by individual Ugandan nationals through disputes amounted to violation of and inconsistent with the Constitution of Uganda and the Vienna Convention.
According to court documents, the DRC government was challenging one sided orders issued by the High Court of Uganda in the 1993 case of Emmanuel Bitwiromunda against the Republic of Zaire that led to the attachment and sale of its property on Plot 7B Acacia Avenue, Kololo.
Another matter involves a 1996 case of John Katuramu against the Republic of Zaire that led to attachment and sale of its two properties on Plot 14 Mbuya Road and Plot 12 Salon Rise, Bugolobi and also the curving out a plot from the DRC property on plot 20 Philip Road and then a court ordered in the case of DRC Vs Ketan Morjaria that the Embassy to compensate the said Morjaria $600,000, Shs50m as legal costs incurred in the case and Shs36m as interest.
Court records show that all the disputed properties were registered in the diplomatic and consular list book of 1997 with the Ministry of foreign affairs of Uganda.
How it started, Nzeyi named
According to the court records, in July 1992, then Consular Officer of the DRC (Zaire) stationed in Kasese town, Libatu la Mbonga entered into a tenancy agreement with Bitwiromunda to rent his premises at Plot 37 Kijongo Road at a monthly rent of $1000 for one year which he defaulted resulting in an unpaid rental bill of $11,000.
The non-payment prompted Bitwiromunda to file a case in Kampala High Court against the Embassy of Zaire leading to a judgment that gave way to attach the DRC property on Plot 7B Acacia Avenue and that Katuramu subsequently transferred it to a company called Access (U) Limited.
Court records show that in November 1991, Consular Mbonga rented other premises of Katuramu at Kilembe in Kasese for five years at a monthly fee of $2500 and again defaulted leading to arrears of $273,488. Katuramu compounded the interest to $131,738 and filed another court case in Kampalaand applied for execution leading to attachment and sale of two Bugolobi properties but only realised a quarter of the amount due.
In 1969, the DRC Embassy purchased property on Acacia Avenue from an Asian called Mohamed Hussein Rashid Punjani and had paid partially at the time President Amin expelled Indians from Uganda.
Beyond the Balance Sheet: How Uganda's Top CFOs Are Forging Legacy Through Purpose, People, and Unwavering IntegrityWhen the Obote II government came to power, a one Onapa colluded with the then Kampala City Council and fraudulently acquired ownership of the property.
Plot 20 Philip Road where the Embassy head office is located was subdivided and a plot created out of its backyard and styled as Plot 25A Elizabeth Avenue and was used as the embassy parking yard for classified visitors and embassy staff.
In November 1985, the backyard of Plot 20 was created to secure Gen. Tito Okello, then then president of Uganda whose residence touched the edge of the plot and upon being ousted, the said plot appeared unclaimed was eventually taken by one Amos Nzeyi who promptly generated a title for it in a record of 5 minutes and in one day transferred from National Housing Construction Company to Amos Nzeyi and then to Morjaria. The boundaries of the created plot encroach on the veranda of the embassy building.
Complaint
The DRC government had contended that it was inconvenienced by the attachment and sale of its properties and that has had to rent alternative premises for all its staff who were being accommodated in the embassy owned houses and was seriously embarrassed by its staff being evicted and thrown out of its buildings on top of losing five properties.
Court heard but the actions of the Uganda government officials and agents were in breach of the constitution of Uganda that enshrines respect for International law and treaty obligations and the peaceful co-existence with her neighbours.
Court decision
In the lead judgment, Justice Bamugemereire ruled that the Constitutional Court does not have the powers to entertain the matter as it raises no issues for interpretation.
“I find that what the petitioner seeks from this court is not interpretation of any provision of the Constitution, rather it seeks redress under Article 50. It is gratifying that the petitioner has faith in our courts and is ardent to have earlier orders of the High Court enforced by the return of its property, payment of compensation, general damages, interest on damages, which redress, in my considered view can be lawfully enforced through courts of competent jurisdiction,” Justice Bamugemereire ruled.
Justice Kakuru said that the matters raised by the DRC Embassy should be adjudicated upon by a competent court by way of appeal to set aside the orders of the lower courts through appropriate procedure.
“All is not lost. The petitioner may proceed to seek remedy at the High Court or court of Appeal depending on the facts and circumstances of each aggrievement,” Justice Kakuru held.
