By Spy Uganda
In a significant legal development, the Court of Appeal has ruled in favor of Yako Bank Ltd, allowing the sale of a prime property owned by the late businessman Bulaimu Muwanga Kibirige (BMK). The property, located on block 273, plot 46, Mulambula Road in Buziga, Kampala, is valued at around sh10 billion and had been attached to recover a debt.
Ali Kibirige Muwanga, the executor of BMK’s estate, had attempted to block the sale, claiming that his former legal representatives failed to advise him on necessary legal procedures. Muwanga sought an extension of time to appeal a High Court decision that dismissed his objections to the sale, but the Court of Appeal ruled against him, citing unreasonable delays and abuse of the legal process.
A panel of justices, including Cheborion Barishaki, Christopher Gashirabake, and Dr. Asa Mugenyi, found that Muwanga had failed to act diligently, as his appeal had remained unfiled for an extended period of 11 months. Justice Barishaki pointed out that this delay significantly undermined his case.
With this ruling, the way is now clear for Yako Bank Ltd to proceed with the sale of the property, which had been attached as part of debt recovery efforts. The property’s ownership had been registered under the judgment debtor, and the Commercial Court had previously dismissed Muwanga’s claim that it belonged to BMK’s estate. Judge Stephen Mubiru of the Commercial Court emphasized that Muwanga could not provide sufficient evidence to support his claim, ruling that the property was legally eligible for sale.
BMK, a well-known businessman who passed away in September 2021, left behind a considerable estate, including several high-value assets. While BMK’s estate includes significant properties, it also comprises business investments, land holdings, and other assets that have drawn attention due to their value and strategic location.
