Three justices of the Court of Appeal led by Justice Moses Kazibwe Kawumi, Justice Dr. Asa Mugenyi and Justice John Musisi have dismissed with costs an application filed by flamboyant city lawyer Geoffrey Nangumya seeking to stop the auctioning of his multibillion building along Martin Road Kampala in the city centre.
In their ruling, the justices states that they were not convinced with Nangumya’s evidence to warrant them to interfere with the discretionary orders of justice Eva Luswata who sat as a single justice and authorised Nangumya’s eviction.
“The Applicant’s failure to adduce any evidence to prove the intended demolition left the Court in doubt about the truth of the allegation,” the justices stated.
According to court documents, Nangumya has been battling with Gulf Stream Investments, Diamond Trusted Bank, Karuiki Maina, Kennet Kitariko, Emejiet Mbabazi and Muganwa Nanteza and Company Advocates since 2020.
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In September 2020, the parties signed a Consent Judgement where counsel Nangumya was supposed to pay Shs500m on 31/10/2020 and the balance of Shs460m was supposed to be paid within a period of six months.
However, he defaulted the payments as agreed in the agreement and the parties against him hired a ruthless court bailiff Robert Mugabe of Mugabe Robert t/a Property and Assets Recovery Trust to execute the eviction to recover their outstanding sums of money.
Since then, Nangumya has been struggling in court to save his property situated at LRV 3323 Folio 2 Plot 47 Martin Road, Old Kampala until three justices of the Court of Appeal dismissed his application stopping the execution.
The justice Stated that even though counsel Nangumya filed a notice of appeal and showed intentions of appealing the decision of the lower court, it doesn’t necessarily prove that his intended appeal has a likelihood of Success thus the orders of the lower court have to be stayed.
The justices’ further stated that Nangumya failed to prove to Court that he is still in possession of the contested property noting that him reporting the bailiff to police when they were executing court orders and allegations of cancellation of the bailiff’s license does not prove possession.
“On the other hand, the return of execution by the bailiff coupled by the transfer of the suit property to the 1st Respondent is proof that the Applicant is not in possession of the suit property,” Court documents read.
Nangumya is remembered for placing Kampala taxi, bus drivers and entire Kampala city leadership in panic when he claimed ownership of Old Taxi Park.
