Panic as Custodian Board clears controversy surrounding the building on plot 1C Iganga road

Custodian Board clears controversy surrounding the building on plot 1C Iganga road

By Nelly Otto

Jinja, August 2, 2022: The Departed Asians Property Custodian Board (DAPCB) has come out to clear the air, saying the building situated on Plot 1C situated along Iganga Road in Jinja that has been making news headlines was legally repossessed.

The dilapidated building in question has been the centre of conflict between a group of tenants and the agents of a Ugandan businessman of Indian descent identified as Vijay A. Kotecha over the true ownership.

He reportedly acquired the property together with others after buying off the interests from his other brothers whose names appeared in the certificate of title.

The DAPCB now says the building was repossessed 30 years ago, meaning the “temporary allocation letter in the hand of one of the tenants is a nullity” since the repossession certificate supersedes.

George William Bizibu, the Executive Secretary (ES) inadvertently admitted that the temporary allocation letter to Fauza Kalembe, one of the tenants, is no longer valid because it was erroneously issued.

“…we have since learnt that the Minister of Finance, Planning and Economic Development had previously issued a letter authorizing repossession to Javantilal Govindji Kotecha, Ramesh Govindji Kotecha, Rasik Govindji Kotecha and Jayendra Govindji Kotecha on 26 June 1992…’ reads part of Bizibu’s letter.

Bizibu, in his letter dated 27 July 2022 addressed to the RCC, says the board conducted preliminary inquiries into the matter and established that the property was “conflicted”.

He has also reminded the RCC of the legal guidance issued by the Attorney General (AG) which, among others, states that “no other person or authority save the High Court can reverse a decision made by the Finance Minister on any property”.

“…once the minister of Finance, Planning and Economic Development has dealt with an expropriated property by issuing a repossession certificate…he or she has no power under the Act to cancel the certificate issued…’ reads part of the legal guidance given by the AG Kiryowa Kiwanuka.

Kiwanuka also says that even if there was an error on the part of the government, the minister cannot cancel a certificate of repossession, adding the power to cancel a certificate of repossession exclusively vests in the high court.

This communication backed by the legal guidance from the Attorney General now gives power to Kotecha to take full charge of his building which was condemned alongside others by then Municipal Council authorities.

This followed a letter of concern written to the DAPCB by the former Jinja RCC Saleh Kamba who wanted to know the true status of the building in question which had become a security matter.

Both groups had rushed to the office of the RCC and the police with documents to validate their claims, something which confused security organs on how best to handle the matter.

The information available indicates that the landlord (Kotecha) who has been permitted by the City Council plans to demolish the structure to pave way for new development in line with the modern plan now that Jinja is a city.

Some of the tenants are reportedly in panic pondering the next course of action on whether to rush to secure a court injunction to counter the Custodian Board letter as they delay the landlord from evicting them.