By Our Reporter
Kampala: City Tycoon Dr. Sudhir Ruparelia is being targeted again by city opportunists and mafias, the tycoon has time to time been dragged in illegal Acquisition of Former Asian Properties by extortive Individuals.
As Committee on Commissions, Statutory Authorities and State Entreprises (COSASE) is currently investigating irregulaties in repossession of Asian Properties, it emerged that some individuals fraudulently acquired properties of Asians expelled by former Ugandan President Idi Amin.
However, it should be noted that government decided to return all properties to initial owners and managers of their estates. The Departed Asians’ Property Custodian Board was instituted and tasked to manage the process of return and compensation of those who wished not to return to the country to reclaim their properties.
This was the time when smart individuals took the opportunity in connection with some Government officials in charge of verification of these documents ie those at the Board to defraud by claiming ownership of these properties,
Business man Dr. Sudhir Ruparelia’s Crane Management Services a real estate company got involved on plot 24 Kampala, there is an allegation that Sudhir’s company also acquired this land which is directly opposite post office main branch on Kampala Road.
Truth of the matter is that Crane Management Services Acquired the said land from Greenland Bank in 1994, the property was repossessed and returned to former owners in 1995 under repossession certificate no.2391 dated 31st March 1995 to former owners Rameshchadra Bhowan Kataria and Kershvial Premchard Shah (deceased).
Dr. Sudhir who was already in possession of the said land having bought it from Greenland Bank Ltd in 1994 expressed interest to purchase this land from the new owners. And indeed he cleared the owners. He can therefore not be implicated in anyway as having committed any crime apart from being targeted by individuals with the sole aim of tarnishing his name.
According to reports, the Uganda High Court Land Division directed the Departed Asians Property Custodian Board to cease the enforcement of its decisions of June 6, 2012 against Meera Investments.
The then Justice Joseph Murangira, quashed the decision of the Board that had stopped Meera Investments from developing the land comprised in Freehold Register volume 1082 Folio 1 plot 24 Kampala Road which was made and created without jurisdiction, irregularly and illegally rendering it as a nullity.
The order was issued in regard to a dispute over land comprised on plot 24 on Kampala Road.
“An order of prohibition against the respondent (Departed Asians Property Custodian Board) to stop enforcement of the above decisions is granted to the applicant (Meera Investments). The respondent is accordingly prohibited from enforcing its decisions as against the applicant,” the judge ruled.
The order, sources privy to the matter say was never appealed and or over turned by court.
The judge noted that the evidence on record by the applicant which was not challenged by the respondent is to the effect been in physical possession of the suit property with the knowledge of the respondent since 1994 to date.
“From that year to June, 2012 the time the respondent expressed interest in part of the suit land is over 18 years. More still the applicant in 1995 with the knowledge of the respondent as shown in the unchallenged evidence by the respondent, the applicant purchased the suit property from the original owners,” justice Murangira ruled.
“The respondent has never at any time challenged the ownership of the suit land by the applicant. The respondent’s claims now over the suit land must have been hatched and made in bad faith by its officials in order to dispossess the applicant off the suit land, “ he added.
Meera Investments through its lawyers of Nangwala, Rezida & Co. Advocates filed an application seeking for orders that the decision of the respondent to the effect that the applicant is not the owner of land at plot 24 Kampala Road and that they should stop developing the said land were made and created without jurisdiction, irregularly, unlawfully and illegally and therefore a nullity among others.
In a sworn affidavit to support its case, its Managing Director, Dr Sudhir Ruparelia stated that the respondents had no jurisdiction whatsoever when it took the decisions referred to above aimed at depriving the applicant of its property on plot 24 Kampala Road which in any event were time barred.
Meera Investments contends that it first purchased the property in November, 1994 from Greenland Bank and has been in its possession to date.
“It was later transpired in the same year (1994) that the property was subject to the repossession process of properties that were expropriated when Asians were expelled from Uganda in 1972 and indeed by virtue of a certificate of repossession NO.2391 dated 31st March, 1995 the property was returned to the former owners,” reads an excerpt from the court documents.
Court documents indicate that the former owners are Rameshchandra Bhowan Kataria and Kershavlal Premchard Shah (deceased) had agreed to sell the said land to the applicants.
It is also stated that the respondent expressly recognizes the applicant’s intention to purchase the property from the former owners before repossession and it was reflected in their letter dated 5th January, 1995 signed by Mr Sam Male although he made a U-turn in the respondent’s affidavit in reply.
Attached here too is evidence of the court case and a document from the board acknowledging that indeed the board has no direct transactions with Dr. Sudhir Ruparelia.
