Kampala traders operating in Qualicel, Nabukeera and Jamboree have withdrawn the case they had filed the case against their land lords before the High Court – Civil Division.
The trader through their lawyer Erias Lukwago dragged to court their landlords Mr. Drake Lubega and Mr. Mansur Matovu seeking an order to deposit their rent in court until issues of who should manage the three buildings is settled.
The traders have however, decided to take the matter to the Land Division of the High Court due to mysteries surrounding the allocation of their case file to Justice Andrew Bashaijja for hearing.
The traders claimed that their case was previously allocated to allocated to Justice Musa Sekaana who even fixed it for hearing on Monday, April 8, 2019, but they were shocked to learn that the case file was moved to Justice Bashaijja.
In his defense, the judge stated that the file was allocated to him by the Court Registrar because the matter was urgent.
“This file was first allocated to Justice Sekaana but he is out of the country and due to its urgency the registrar asked me to handle it although I was going to start my leave,” Justice Bashaijja explained.
It’s against this background that Mr. Lukwago on advice of the traders decided to withdraw the case before Justice Bashaijja and take it to Justice Rugardya Nkonge who will hear it on April 16 next week.
However, Justice Bashaijja ordered that the traders pay costs to Mr. Lubega and Mr. Matovu because the case had been partly heard.
“In compliance to the letter dated April 11, 2019, and in compliance with order 25 sub-rule 1, the withdraw was supposed to be done with leave of court because it had partly been heard. Withdraw shall be granted by leave of court and shall be done with costs,” the judge ruled.
Justice Bashaijja had also on Tuesday this week ordered the traders to pay costs to the two after he dismissed their application to appeal on his ruling before the Court of Appeal.
The traders are asking court to allow them open an independent account on which to deposit rent fees until management issues of the 3 city arcades: Qualicel, Nabukeera and Jomboree are sorted out amongst the three claimants: Lubega, Matovu and Horizon Coaches.