Business magnate Dr. Sudhir Ruparelia has written to the Speaker of Parliament, Rebecca Kadaga, to furnish her with details of how he acquired Plot 24 Kampala Road, also seeking guidance on whether a matter that has been concluded by court can be brought before Parliament.
The development follows the listing of his property on Plot 24 Kampala Road as one of the 460 Departed Asian proprieties that Parliament’s Committee on Commissions, Statutory Authorities and State Enterprises (COSASE), is investigating over suspected fraud in their acquisition.
The Departed Asians Properties Custodians Board held custody of several properties that were left behind after President Idi Amin expelled Asians from Uganda in 1972. The repossession of these properties had been mired with fraud and controversy hence the current Parliament probe. However, Sudhir says his property shouldn’t be brought into this mess as court pronounced itself in his favour and the matter was concluded.
“We have followed part of the ongoing COSASE inquiry regarding Departed Asians properties Custodian through televised and print media. A property that belongs to Meera Investment Limited has been mentioned as part of the inquiry. That property is Plot 24 Kampala Road, Kampala (Freehold register volume 1062 Folio),” Sudhir wrote to Kadaga in a letter dated August 14.
“Rt. Hon Speaker, in 2012, the Custodian Board claimed that former owner did not return to Uganda to manage the property and therefore the property belongs to Custodian Board and was by the state of their pen under their management. Having bought the property and owned it since 1995 we went to High court for Judicial Review under LD CR 16 of 2012 to challenge the Custodian Board’s claim,” Mr Ruparelia said.
“High Court listened to us and also listened to Custodian Board (represented by Attorney General) and made a decision on 20 December, 2012 in our favour. Custodian Board did not appeal. COSASE is now inquiring into a matter and ownership decided upon by the High Court in 2012,” Sudhir wrote.
“We are seeking clarification and guidance from you whether Parliament can inquire into a matter where decision of Court has been made or where a matter is in Court. Then whenever matters in court come to an end, parties can come to Parliament for another decision. We shall be grateful for your guidance,” Sudhir states in his letter to Kadaga.
Sudhir had purchased the land from the owners in the early, but later, the Departed Asians Property Custodians Board (DAPCB) took a decision that Sudhir was not the owner of the property, claiming it was under their custody since the property’s owners hadn’t returned to the country and stopped him from developing it.
Sudhir sought court intervention, and Justice Joseph Murangira ruled in his favour in 2012.
“Meera Investment approached the former owners (Rameshchandra Bhowan Kataria and the late Kershavlal Premchard Shah) before they were granted a certificate of repossession and they agreed to sell their estate and interest that is the property. Indeed, they sold and transferred to Meera,” the Judge said.
He further said DAPCB expressly recognized Meera Investment’s intention to purchase the property from the former owners before repossession.
“This is reflected in the respondent’s letter dated January 5, 1995 (repossession certificate is dated March 31, 1995) signed by Mr Sam S. Male who has now made a u-turn in the respondent’s affidavit in reply.”
“The above-stated facts were not challenged by the respondent in his affidavit in reply to the application. The facts, therefore, are taken to have been admitted by the respondents.”
After the court ruling Sudhir went ahead to enjoy peaceful possession until the DAPCB tried to drag him into their mess.
He is now hoping the speaker will prevail upon COSASE to respect court’s ruling.