Controversial city businessman Mukesh Shukla the proprietor of Shumuk Investments Limited is in a panicky mood after Court issued orders threatening his multibillion properties which he is fighting tooth and nail to save from being auctioned.
The situation started last week when three justices of the Court of Appeal led by Commercial law giant judge Geoffrey Kiryabwire, Justice Irene Mulyagonja and Justice Oscar Kihika directed the appointment of a receiver to audit and sell Emerald Hotel in Kampala which has been owned by the said businessman within six months under court supervision.
As the businessman fights to retain his hotel, Justice Patricia Mutesi of the Commercial Division of the High Court declared that his company breached the two tenancy agreements and the memorandum of understanding he signed with Alvi Auto Village limited a company dealing in motor vehicles by misrepresenting and deceiving them that he is the owner of leased land situated on plot 148/152 Mukabya road and assuring him that there was no dispute over plot 1509 Banda.
The judge further directed the businessman to pay special damages to the plaintiff amounting to Shs22.5m as special damages with interest of 15% from the date the judgement was delivered to full payments and costs of the matter was also awarded to the plaintiff.
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According to court documents, the plaintiff claims that they have been doing business in Uganda for the last 21 years and in October 2020, Judith Ayebare introduced herself to him as an employee with Mukesh, working as the operations manager together with a one Dharamdip Kadikar who introduced himself as the finance manager of the some person.
They introduced to him their business proposal that their boss was leasing his company land on plot 148/152 Mukabya road opposite Spear Motors Kampala city.
When he picked interest in the land, they signed a tenancy agreement and he paid an advance of Shs195m to Mukesh’s company’s bank account.
The commencement of the agreement was supposed to start immediately after the completion of some works which were to be carried out on the said land.
They agreed that he was supposed to possess the land within two months which was not honoured. In September of 2021, he demanded that his money be refunded but he was convinced by Mukesh’s company to execute another tenancy agreement for plot 1509 Banda to replace the first one.
Mukesh’s company was supposed to first develop a small portion on the land so that the plaintiff could take possession of it.
The plaintiff paid another Shs50m in advance to cater for the development but to his surprise, the development didn’t start even though he had paid his money.
He discovered that the land in Banda was under dispute and not registered in Mukesh’s company’s names. The land at Mukabya road also had the same issues.
However, Mukesh denied the allegation explained that he was not a party to the agreement signed in his personal capacity which the presiding judge agreed with noting that the plaintiff signed the agreement with Mukesh’s company not him as a person.
The judge however agreed with the plaintiff’s lawyers led by Jude Byamukama that Mukesh’s company fraudulently obtained the plaintiff’s money and was supposed to refund it back with interest.
Mukesh is a serial troubled businessman and was recently defeated by the administrators of the estate of the late Bonny Katatumba who were accusing him of forging their father’s documents to grab his multibillion estate.
He is also in battle with Drake Lubega another controversial businessman over land in Nakawa Division.
He was also recently charged and remanded to Luzira prison over fraudulent dealings.
