Another Bad Black! Tearful American investor tells court how woman wants to cheat him in sh7bn property
Sordid details have emerged on how a Ugandan woman tried to cheat an American investor in deal worth $1.2m (roughly UGX4.5bn).
The story is a replica of the Bad Black situation in which she duped an investor of UGX11bn a few years ago.
The deal involves land comprised in Block 249 Plot 613 KyandondoMengo District MakindyeMDivision at Bunga is registered in the name of Janet aka Janat Betty Nansamba.
The apartment building described earlier on the same land was constructed by the Late Richard J.
Maestranzi (the deceased), an American investor, under a loan arrangement with Janet.
Two different mortgages were executed and registered in which Janat borrowed USD 500,000(United States Dollars Five Hundred Thousand Only) on 31st July 2018 and USD 710,000 (United States Dollars Seven Hundred Thousand Only) on 9th November 2018.
The total loan borrowed by Janet from the late Richard Maestranzi was USD 1,210,000 (United States Dollars One Million Two Hundred and Ten Thousand Only) payable in 15 years after completion of construction.
Janat was able to convince the late Richard Maestranzi because she used to be a domestic worker at his home in the USA.
Janat convinced the late that she had property in Kampala near the American Embassy and he could invest on it and she pays back the loan.
The construction of the apartments was supervised by the late Richard Maestranzi and the apartments were completed at the beginning of 2019.
About the same time, Richard J. Maestranzi died before he could hand over the completed building to Janat.
Upon his death, his son Michael J. Maestranzi was well aware of the progress of the construction, He contacted Janet in regard to preparation of the handover.
At this point, Janat denied knowledge of Michael and also denied knowledge of the existence of the second mortgage of USD 710,000.
The matter is now before Justice Patricia Kahiigi in the Commercial CourtCivil Suit no. 115 of 2020.
While testifying in court, last week, Michael J. Maestranzi, son to the fallen tycoon revealed how Janet, cunningly tried to grab his dad’s apartments upon confirming his passing on.
In chilling confession, Michael told how Janet who had been employed in the family as aHome Health Aide (HHA) turned around to betray the family that had given her homage and livelihood for almost six years in the city of Wenham, Massachusetts.
Michael J. Maestranzi told court that Janet has not remitted any coin in regard to the mortgage obligations.
“It is from the above background that I seek an order from this honourable court declaring that Janet breached the agreements she had with my late Dad, she refunds the entire amount that my late Dad advanced to her of USD 1,210,000 and pays me damages and costs for the inconvenience he has made me to go through,” Richard j. Maestranzijnr told court while tears rolled down from his eyes.
FULL CONFESSION BELOW:
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
[COMMERCIAL DIVISION]
CIVIL SUIT NO. 115 OF 2020
RICHARD J. MAESTRANZI JNR
(Suing through his attorney)
MICHAEL J. MAESTRANZI:::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
JANET BETTY NANSAMBA:::::::::::::::::::::::::::::::::::::::::::DEFENDANT
PLAINTIFF’S WITNESS STATEMENT
I, MICHAEL J. MAESTRANZI do state as follows;
- I am aged 44 years and a national of the United States of America resident Nutley, New Jersey and I am senior logistics coordinator for a luxury fashion brand’s supply chain by occupation.
- I graduated with bachelor’s degree in philosophy and a certificate in Indigenous studies of the Americas from the University of Massachusetts with honors.
- I graduated with master’s degree in regional studies Latin America and the Caribbean from the graduate school of Arts & Sciences at the prestigious ivy league Columbia University of New York.
- I am a devoted husband and father to my wife’s three kids ages 6 months, 7 and 8 years old.
- I hold Powers of Attorney granted to me by my elder brother Richard J. Maestranzi who is the Executor and holder of the Letter of Probate granted by the Probate and Family Court of Massachusetts USA for the estate of the late Richard J. Maestranzi, our late father (Dad), who died on 15. 01. 2019.
- The said Letter of Probate was resealed by the High Court of Uganda on 5th December 2019.
- That I know the Defendant and I have known her since the 30th of November 2013 at my wife’s baby shower. The baby shower was held at my Dad’s house at 4 Sias Lane Wenham, Massachusetts USA. The defendant was newly employed, attended the baby shower as she was assisting my mother and gifted us a bedroom set quilt. She is from Uganda and she works in the USA. She was employed by my family as a Home Health Aide (HHA) taking care of my late mother. My mother was battling Multiple Sclerosis (MS) and at the time was using a wheelchair for mobility. As a Home Health Aide she was responsible for personal care, basic patient care skills, household services to ensure a safe and clean environment, prepare and assist with dietary requirements, and assist in maintaining a patient’s daily activities and quality of lifestyle. of the patient which includes
– Person care: oral Hygiene, bathing and toileting activities, and personal grooming with dressing including skin care and perineal care.
– Basic patient care skills: Passive and/or active range-of-motion exercise, transfers, turning and positioning patients, taking and recording vital signs, measuring patient’s weight, cleaning equipment used by the patient, keeping daily records of patient activities and observations.
– Household services: Personal laundry of the patient, making and changing the patient’s bed daily, dusting and vacuuming the rooms used by the patient, dishwashing the patient’s utensils, tidying and wet mopping the kitchen and bathroom to ensure a clean and sanitary area, tidying the patient’s bedroom, shopping for the patient if no other arrangement is possible.
– Prepare and Assist with Dietary Requirements: Preparation of the prescribed diet for the patient, assisting with patient feeding when necessary, providing between meal nourishment, assisting with menu planning and grocery shopping.
– Assist in maintaining patient’s daily activities and quality of life style: Socializing with family and friends, accompany the patient to medical appointments, social activities and outings as tolerated by the patient.
- As an HHA, the Defendant started off strong, but gradually became inconsistent and underperforming in her duties around 2016. I observe this on numerous instances and discuss with my family and Dad. The complaints match the complaints filed against the defendant from an existing court case which was decided not in the defendant’s favor.
- Nonetheless, the Defendant attended most of the family holidays and affair’s including Christmas, Easter, and weddings. This is how I got to know her and how my family got to associate with her.
- From the first day of the defendant’s employment until 2016 she was paid at least the minimum annual salary of an HHA in Massachusetts USA which was at least $30,160USD. By the end of 2016, the defendant had earned $54,714USD which is a weekly earning of $1,052USD a week. By the end of 2017, the defendant’s salary increased to $62,000USD which is $1200USD per week.
- Dad would loan money to pay for the defendant’s children’s college tuition. On 12/09/2017 Dad loan the defendant $15,000USD and for family member’s like $3,000USD for a brother in Canada on 02/12/2017. And for her defendant’s rent for $2,000USD on 01/02/2018, and again on 08/03/2018 for rent in the amount of $1,000USD. All with the understanding that the defendant would repay him.
- On 15/06/2017, the defendant did make one repayment of $50,000USD.
- From my interactions with my late Dad, the documents he showed me and gave me and the trip we had together with him in September 18th – 23rd, 2018 to Kampala Uganda, he made me aware that sometime in 2016, Janet Betty Nansamba (“Janet”) approached him and interested him in investing in finishing Janet’s mother’s house in Kisaasi. The completed house would be rented to U.S. embassy officials. Dad would be paid back via the rental income. From there, in August of 2017 Janet presented Dad with a proposal for residential apartments prepared by TECLAB in Kampala and wanted along Dad to finance building an apartment block on her land in Bunga, Kampala which was vacant and that the property would, again, be rented out to the American Embassy officials and Janet would later pay back the invested money together with interest.
- My late Dad agreed to her proposal and started sending money to the Janet’s disclosed agents in Uganda prior to his death.
- On 30 September 2017, in a bid to secure his interest, the above arrangement was reduced into a loan agreement between my late Dad, Richard J. Maestranzi of Richard J. Maestranzi Revocable trust of 2014 and Janet for the purpose of financing a building project for the construction of rental apartments/units in the property comprised in Block 249, Plot 613 Kyadondo Mengo District Makindye Division, Kampala measuring approximately 0.094 hectares, land at Bunga [the “Suit Property”] for an amount of USD 360,000 payable from April 2018 to April 2021 with a total sum payable of USD 450,000 inclusive of total interest.
- Upon realizing that some of the disbursed money was stolen and not put to its use, my Dad put pressure on Janet to recover the stolen money from her relatives. I understand that Janet instituted a suit in the High Court Commercial Division through her lawyers M/s Kaggwa&Kaggwa Advocates (Betty Janet Nansamba =V= Martin Kevin Kiberu& Sylvia B. Norgen Civil Suit No. 743 of 2018. I understand she got judgment of UGX 406,389,543/= (Uganda Shillings Four hundred six million three hundred eighty nine thousand five hundred forty three only).
- I am aware the between March 22 and April 2nd, 2018, Dad flew to Uganda to inspect his investment and review the progress of the building. Among other expenses, another effort to secure his interest was to file a Caveat with the Kampala City Commission $18,700USD and helped Janet’s mother while she went to the hospital $3,000USD.
- I am aware that on 14th April 2018, in my presence, Dad terminated the services of Janet for refusing to initially sign the mortgage agreement of the money he had loaned her and for Janet’s relatives who were receiving the payment for the purpose of construction stealing about USD 200,000 out of USD 500,000 which had been sent. In fact I drove Janet out of our home that day. My late Dad later reported the issue to Massachusetts Division of Employment Security.
- Initially, Janet had provided my late Dad with names of individuals who would receive the money meant for construction on her behalf in Uganda and on whose accounts my late Dad disbursed money on several occasions. These were Deborah Namuyomba, Martin Kiberu, Richard Sekyewa, PhilloNsamba – the mother of Janet and others and the disbursement was always from the account of my late Dad.
- From the documents I received from my late Dad, I found out that he had disbursed money to the following accounts between the period 08. 06. 2016 to 23. 02. 2018 as follows;
- PhilloNsamba [Janet’s mother] A/C No. 3320009670 Centenary Bank
- 06/08/2016 USD 20,000
- 11/07/2016 USD 35,048.63
- 08/02/2016 USD 20,000
- 08/06/2016 USD 20,000
- 11/07/2017 SHS120,000,000/=
- Richard Ssekyewa A/C No. 0152035220 United Bank for Africa [Uganda] Ltd
- 01/12/2017 USD 25,025
- Martin Kiberu A/C No. 8700115598100 Standard Chartered Bank Uganda Ltd
- 22/08/2016 USD 44,025
- 07/17/2017 USD 6,000
- 25/09/2017 USD 50,025
- 21/10/2017 USD 49,980
- 29/11/2017 USD 49,980
- 05/01/2018 USD 49,980
- 30/01/2018 USD 49,980
- 23/02/2018 USD 84,830
- Deborah Namuyomba via Western Union &Moneygram namuyomba@gmail.com
- 30/03/2017 USD 4,080
- 28/04/2017 USD 2,040
- I further understand that later, Janet decided to sign the mortgage on 4th May 2018 on the suit property for an amount of USD 500,000 inclusive of interest payable in 15 years, this became the first mortgage, and it was registered on 31st July 2018 under instrument No. KCCA00052576 for all the money that had been earlier disbursed.
- I understand according to the records Dad had share with me that by April 10, 2018 the expenses, accruing interest, and transfers had surpassed the USD 500,000 secured by the first mortgage.
- My Dad decided to appoint individuals as his agents in Uganda to ensure that construction of the Apartment building is completed. He appointed Michael Byamukama whom he later gave Powers of Attorney and Simon Kanyike who was in charge of mobilizing and shopping materials for the building. I got the opportunity to meet both Michael Byamukama and Simon Kanyike when I was in Uganda.
- Through Michael Byamukama, my late Dad sent more money for Michael to secure a new contractor to complete the building. On 25th June 2018 Michael Byamukama entered into a construction contract with Ruskov (U) Ltd for USD 319,643.
- For five (5) days from the 18th to 23rd of September 2018, I travelled with my Dad to Kampala Uganda to purposefully check out the progress of the Apartment building and upon reaching the construction site, we found good progress under the management of Michael Byamukama and Simon Kanyike. We stayed in Uganda and by the time we left, we had hope that the building would be finished soon.
- My Dad sat down and calculated the remaining cost of completion of the building inclusive of furnishing the entire rooms and the figure came to USD 710,000 (United States Dollars Seven Hundred and Ten Thousand). He decided to secure the additional money he used to complete and furnish the building by creating a further charge on the property of Janet.
- On 9th November 2018, a further charge was made on the suit property of the mortgage amount of USD 710,000 for a loan period of 15 years effective from completion of the property [hereinafter referred to as the “second mortgage”]. This said mortgage deed was signed by Gilbert Guma as attornee on behalf of the Janet.
- I am informed by Michael Byamukama and Simon Kironde that Gilbert Guma was acting for Janet and was always in contact with them through Janet’s lawyers, Kagga&Kagga Partners.
- Ruskor (U) Ltd built the rest of the structure and completed it into a magnificent 3 storey building housing 12 residential units of 2 bedroom each and handed it over to the Plaintiff representatives about May 2019.
- That meanwhile in the course of the construction, using the mortgage sums in [g] above, the late Richard Maestranzi went ahead ordered and paid for all furniture, accessories and equipment to be installed singularly in each residential unit for all the 12 units and in and around the building. Below is a summary of the products bought and installed in the building and their pricing.
| NO. | ITEM | COST |
| Generator 100KWA Perkins diesel with ATS | $23,000 | |
| Electrical materials for generator installation and labour, transport | 3,346,000 | |
| 8 outdoor furniture sets (upper terrace) | 25,200,000 | |
| 12 headboards 8 ft x 55.5 with bed side drawers (vinegar finish) | 26,400,000 | |
| 12 slots entertainment units/TV stands | 14,400,000 | |
| 12 Balcony sets | 14,400,000 | |
| Wall hunging mirrors 36 pieces | 6,360,000 | |
| Wadrobe 12 units | 19,200,000 | |
| 12 centre tables (mgavu) clear vanish | 12,000,000 | |
| 24 sofa side tables (mgavu) with metallic stands | 5,760,000 | |
| Hisense 40 inch -11 pieces | 33,770,000 | |
| Samsung side by side RBAIUTMG – 12 pieces | 123,000,000 | |
| Curtains, rods and tiebacks for 12 apartments | 24,000,000 | |
| Cushions for 12 apartments | 3,600,000 | |
| Lamps 48 pieces | 7,200,000 | |
| Safes 12 pieces | 6,000,000 | |
| Flat iron 12 pieces | 1,668,000 | |
| Ironing boards 12 pieces | 3,000,000 | |
| Outdoors umbrella …pieces | 6,150,000 | |
| Outdoor umbrella sunbed 5 pieces | 4,500,000 | |
| Tax for (xv-xx) | 5,133,240 | |
| xxi | Always Home cutlery 12 pieces
Tax |
1,608,840
353,160 |
| Xxii | Waste bins 12 pieces | 2,100,000 |
| Xxiii | Bath Mats and shower curtains 24 pieces | 4,800,000 |
| Xxiv | Clothes hangers 12 pieces | 624,000 |
| Xxv | Mirror 48 pieces | 5,760,000 |
| Tax for (xxii – xxv) | 2,391,120 | |
| Xxvi | Blinds for curtains 12 pieces | 4,080,000 |
| Xxvii | Door bells 12 pieces | 1,200,000 |
| Tax (xxvi – xxvii) | 950,400 | |
| Xxviii | Brooms 12 pieces | 840,000 |
| Xxix | Mop and bucket 12 pieces | 2,160,000 |
| Xxx | Kitchen knife set 12 pieces | 1,080,000 |
| Xxxi | Cups 12 pieces | 840,000 |
| Xxxii | Plates 12 pieces | 840,000 |
| Xxxiii | Wine glasses 12 pieces | 720,000 |
| Xxxiv | Glasses 12 pieces | 720,000 |
| Tax on (xxvii – xxxiv) | 1,296,000 | |
| Xxxv | Waste bins 12 pieces | 2,100,000 |
| Xxxvi | Bath mat and shower organizer 24 pieces | 4,800,000 |
| Xxxvii | Mattresses and bases 9queen) 12 pieces | 30,000,000 |
| Xxxviii | Mattresses and bases (singles) 24 pieces | 48,000,000 |
| Xxxix | Pillows 48 pieces | 2,880,000 |
| Xl | Cloth hungers 12 pieces | 624,000 |
| Tax on (xxxv –xl) | 15,912,720 | |
| Xli | Dish Towels 12 pieces
Tax |
492,000
108,000 |
| Xlii | Duster 12 pieces
Tax |
295,000
64,800 |
| Xliii | Oven 12 pieces
Tax |
541,200
118,800 |
| Xliv | Waste bins 12 pieces
Tax |
1,722,000
378,000 |
| Xlv | Toasters and kettles 12 pieces | 5,426,760 |
| Xlvi | Bottle openers 12 pieces
Tax |
295,000
64,800 |
| Xlvii | Stainless steel and coffee maker 12 pieces
Tax |
3,739,000
820,000 |
| Xlviii | Microwave 12 pieces
Tax |
6,691,200
1,468,000 |
| Xlix | Center rugs 12 pieces
Tax |
7,872,000
1,728,000 |
| L | Wall clocks
Tax |
2,460,000
540,000 |
| Li | 3 Division sofa sets 12 pieces
Tax |
37,982,400
8,337,600 |
| Lii | 2 Division sofa set 12 pieces | 21,000,000 |
| Liii | Astro turf 120 pieces | 43,320,000 |
| Liv | Blinds 12 pieces | 4,080,000 |
| Lv | Door bells 12 pieces | 1,200,000 |
| Lvi | Vacuum cleaners 12 pieces
Tax |
4,416,000
9,542,880 |
| Lvii | Pots and pans 12 pieces | 15,600,000 |
| Lviii | 400 cm dishes | 800,000 |
| Lix | 8 way LNB | 2030,000 |
| Lx | Tv sockets | 884,000 |
| Lxi | Cable can type | 2,259,000 |
| Lxii | Connections | 135,000 |
| Lxiii | Adaptable boxes | 48,000 |
| Lxiv | 25 pipe size | 150,000 |
| Lxv | 32 size pipe | 140,000 |
| Lxvi | Bends of 25 size | 54,000 |
| Lxvii | Labour cost | 1,500,000 |
| Lxviii | Elevator | 268,864,955 |
| Lxix | Hisense Television | 3,070,000 |
| Lxx | 14 Gas, 14 Cylinders and Horse Regulator | 3,990,000 |
| Lxxi | 24 Water heaters | 7,680,000 |
| Lxxii | CCTV Camera [4 Channel system] | 2,200,000 |
| Lxxiii | Installation of CCTV Camera | 1,800,000 |
|
TOTAL |
957,677,063/= & $23,000 |
- Unfortunately, my Dad died before the structure was completed.
- On completion of the structure and at the time it was to be handed over to Janet, upon Janet realizing my father is deceased, she started treating me like a stranger, telling me that she had never entered any agreement with me, and she also denied executing any mortgages with my late Dad. She even regarded some of the documents as forgery.
- However, my late Dad as I knew him, used to keep a track record of each and every transaction he entered into. Some of the documents he had shown me while still alive, some I found in his reading room.
- Having observed the conduct of Janet, my elder brother Richard J. Maestranzi, the executor of the estate of my late father, decided that since I knew much about the Ugandan investment, and he had never been in Uganda, I should take up the task and see to it that it is not wasted. He issued me Powers of Attorney upon which I filed this suit.
- Since the building was still supervised by my late Dad’s agents I earlier mentioned, I instructed them not to handover the keys to Janet and/or his agents until the matter is resolved in the Courts of law.
- Consequently, I have had to finance monthly operational expenses that include maintaining security guards, manager, caretaker, cleaners, electricity, fuel for generator, water and sewage, at the site who are paid monthly salary and upkeep. These have been at the site since March 2019 up to present. As per the security service agreement, I was spending a total of Shillings 1,350,000/= per months [exclusive of taxes] and by the time of filing this case in January 2020, I had spent shillings 13,500,000/= and I kept spending money until this court ordered that the building be managed by a property manager.
- I also spent money on water, repairs, cleaning services and supervision allowance as maintenance costs for the building of which I seek reimbursement. I have budgeted and paid USD1200 per month to pay for these operational expenses.
- It is from the above background that I seek an order from this honourable court declaring that Janet breached the agreements she had with my late Dad, she refunds all the amount that my late Dad advanced to her of USD 1,210,000 and pays me damages and costs for the inconvenience he has made me to go through.
- That all I have stated herein above is true and correct to the best of my knowledge and belief.
Dated at ………….New Jersey USA this__________day of __________________________2023.
_________________________
MICHAEL J. MAESTRANZI JNR
Drawn and filed by:
Gad & Co. Advocates
Plot 7& 9 Second Street
Industrial Area, Rm F1
First Floor Suite F-5
- O. Box 110596 Kampala.
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