Owekitiibwa David Kiwalabye Male a former minister of Security, Palace and Culture in Kabaka Ronald Muwenda Mutebi’s government was saved by Justice Aisha Batala Naluzze from being evicted by his landlord over failure to pay rent.
Kiwalabye, the director of Gombe Medical Services Limited and Intercity Health Access Limited rushed to the High Court Lands Division after his application to secure a Court Order stopping his landlord James Lubega from evicting him from his building on Kibuga Block 10 Plot 458 land situated at Balintuma Road Namirembe in Lubaga Division Kampala city was dismissed by the Deputy registrar of the Division.
In his affidavit, Kiwalabye told Court that the presiding registrar determined his application without assessing the status quo until the determination of his main suit before the same court challenging the claims of his landlord.
He further claimed that the deputy registrar failed to properly evaluate the evidence on record showing that he would suffer irreparable damage if he was not guarded by the court.
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He accused the deputy registrar for erring in law and fact when she failed to properly evaluate evidence on record showing that the balance of convenience favoured him more than his landlord
He told Court that the deputy registrar erred in law and fact when she ignored evidence on record about his landlord’s disruptive conduct prejudicial to his peaceful occupation of the rented premises, the conduct that justifies the grant of the said orders.
However, Lubega defended himself that there are no ongoing eviction threats against Kiwalabye even though he has spent more than four years without paying him rent as agreed when he was renting his building to him.
He further told Court that Kiwalabye deployed armed people to guard his building so that he is denied access to it. He implored court to save him by giving him a court order to get access to his property.
The judge agreed with him that Kiwalabye filed his appeal out of time but because of the sensitivity of the matter, she has to proceed and determine the application to save the former Buganda minister and Buganda Land Board boss from violation of his rights as a tenant.
“I have carefully perused through the affidavits, submissions and authorities relied upon by both counsels which I’m grateful for. The task before me is to determine whether the appellants have met the conditions for the grant of a temporary injunction,” the judge stated
She explained that from the evidence adduced by both parties, it’s inferred that Kiwalabye is physically in possession of the suit property where in he operates a medical facility and it is most likely that he will suffer irreparable damage due to the eviction threats issued by his landlord.
“However, my perusal of annexure E and annexure B as attached onto the affidavit in rejoinder, there seems to be a threat against the appellants’ physical occupation of the suit property in presence of a pending suit that is yet to be determined by court. I am of the view that the eviction threats are most likely to cause the appellant to suffer irreparable damage if the status quo is not maintained,” the judge ruled.
She noted that in the main suit, the landlord is praying for orders to evict Kiwalabye and if not protected by court until the determination of the matter, his case before court will turn out to be nugatory.
“It is my considered view that it is in the interest of justice, the status quo to be maintained pending the determination of the main suit that is to determine the rights and interests of both the appellants and the respondent in the suit property. I need to reemphasize that I have remained fully cognizant of the peculiar circumstances of this case. The matter involves a health services enterprise,” she noted.
