Stakeholders in Jinja have strongly condemned Jay Maganalal Patel, an embattled Jinja Asian businessman, for directly defying the Monday, August 16th judgment of the Jinja High Court by Justice Jeanne Rwakakooko, which upheld that Plot 24B Kyabazinga way belongs to Tirupati Development Uganda Ltd.
This comes after a group of thugs reportedly hired Patel on Friday night stormed the 13-acre -plot 24, along Kyabazinga Way in Jinja City belonging to Tirupati Development Uganda Ltd and attempted to demolish the structures and kidnap the guards.
‘’We have been attacked by a group of armed people and we see some suspected security officials guarding them. We don’t know what is happening but they wanted to demolish our shelter and also threatened to arrest me ‘’, said one of the guards manning the site.
Efforts to get a comment from the area Police commanders were futile by the time of this publication.
However, in what has been described as overruling Justice Rwakakooko’s Judgment, Patel secured an interim order staying the former’s ruling which according to our sources, is being used to trespass in Tirupati Ltd’s land despite the victory in main suit.
‘’In the meantime ,the respondent is restrained from taking any step regarding execution /implementation of the orders in the main suit until 10th /09/2021 or after disposal of this application’’, reads an interim order dated 27th August 2021 secured by Patel to stay the execution of the previous verdict.
This attempt has been also legally questioned by a section of legal brains who argues that Patel should only have petitioned a higher court (Court of Appeal) and they described his efforts as ‘ kicks of a dying horse’.
It should be noted that the High Court in Jinja recently ordered the cancellation of a land title that Maganalal Patel had obtained over 13-acre -plot 24, along Kyabazinga Way in Jinja City.
In civil suit filed by Tirupati Development Uganda Ltd , the former asked Court to pronounce that Thummar Patel (defendant)’s acquisition of a title on Plot 24 B Kyabazinga Way in Nalufenya near the Nile bridge in Jinja City was illegal and deceitful
The controversy stemmed from the issuance of freehold title over the above-mentioned land to Patel over running lease of Jinja municipal council and a sub-lease to Tirupati development.
Justice Jeanne Rwakakooko ruled that Tirupati Development Uganda Ltd, a real estate and construction company, is the rightful owner of the land by virtue of a sub-lease with Jinja Municipal council, which is still subsisting and Patel’s title was fraudulently procured.
‘’In conclusion, I find and order as follows; the suit land belongs to the plaintiff as a sub-lessee. That defendant’s (Patel) freehold title comprised FRV JJA478 Folio 1 Plot 24B Kyabazinga way, Jinja Municipal council, Jinja District was fraudulently and illegally obtained. The defendant hands over freehold register volume JJA478 Folio 1 in the name of Thummar Patel Jay Mangalal of P.O.BOX.38, Jinja plot 24B,Kyabazinga highway ,Jinja District to the commissioner of land registration to effect cancellation of the said land title over the suit property’’, reads in part the judgment.
The complainants sought a permanent declaration restraining the defendant from interfering with their quiet enjoyment of their suit property and asked for general damages for fraud and trespass.
Turipati Development Uganda Limited earlier dragged Jinja Municipal Council to the Commission of inquiry into land matters, accusing the former of disposing off land on which he owned a 25-year lease, to Mr Patel to build a shopping mall.
Documents show a sub-lease for 25 years was granted to Tirupati, starting October 31, 2007. JMC had the head lease, having obtained it from Jinja District Land Board.
Justice Rwakakooko said the process of title acquisition on which Patel was based to lay claim over the land was fraudulent and unlawful. Court also ordered Patel to pay Shs10m as general damages and meet costs of the suit.