The Ruparelia Group Chairman and Meera Investments Managing Director, Dr. Sudhir Ruparelia, has written to the Speaker of Parliament, Rt Hon Rebecca Kadaga, protesting a planned move by the Public Accounts Committee on Commissions, State Authorities and State Enterprises (PAC – COSASE) to investigate a property owned by tycoon, whose ownership was heard and decided by court in 2012.
COSASE has started probing reports of alleged fraudulent acquisition of properties of the Asians who were expelled during Idi Amin’s regime. The properties have been under the management of the Departed Asians’ Property Custodian Board, a government body, since 1983.
It is believed, to date more than 1,676 properties have either been sold, repossessed, and or compensated by 2009, while some 3,226 remain unsold and unclaimed.
In a 14th August 2019 letter, also copied to the Chief Justice, Bart Katureebe, Dr. Ruparelia said they wanted to seek “clarification and guidance” from the Speaker, “whether Parliament can inquire into a matter where a decision of court has been made or where a matter is in court.”
“We have followed part of the ongoing COSASE inquiry regarding Departed Asians’ Properties Custodian Board through televised and print media. A property that belongs to Meera Investments Limited has been mentioned as part of the inquiry. That property is Plot 24, Kampala Road, Kampala (Freehold Register Volume 1062 Folio 1),” wrote Dr. Ruparelia.
“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 the 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,” he further wrote, adding: “High court listened to us and also listened to Custodian Board (represented by the Attorney General) and made a decision on 20th December, 2012 in our favour.”
Meera are the lawful owners
According to court records, in his judgement, Justice Joseph Murangira said that Meera Investments approached the former owners of that land 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 in the property.
The judge also stated that the documents of evidence presented in court by Meera Investments show that Sudhir bought the property from the original owners and that the authenticity of these documents was not challenged by the respondents (DAPCB) and were therefore taken to have been admitted by the respondents.
Court also found and agreed with Meera Investments that in fact Meera had been made to pay twice for the same property- first from Greenland Bank and second time from the former owners) and ruled that “the respondent (Custodian Board) by its conduct is estopped (barred or precluded) from laying claims over the suit property that under the law belongs to the applicant (Meera).”
“The applicant (Meera Investments) is the lawful owner of the land comprised in Freehold Register, VOlume 1082 Folio 1, Plot 24 Kampala Road,” ruled Justice Murangira on 20th of December 2012.
“An order of prohibition against the respondent (DAPCB) 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,” he further ordered.
The Custodian Board did not appeal.
In his letter, Dr. Ruparelia wondered whether it was right that “whenever matters in court come to an end, parties can come to Parliament for another decision.”
Both the Speaker and Chief Justice are yet to respond, but copies of the letters seen by this website, indicate both letters had been received by the respective offices.
The Ruparelia Group Chairman and Meera Investments Managing Director, Dr. Sudhir Ruparelia, has written to the Speaker of Parliament, Rt Hon Rebecca Kadaga, protesting a planned move by the Public Accounts Committee on Commissions, State Authorities and State Enterprises (PAC – COSASE) to investigate a property owned by tycoon, whose ownership was heard and decided by court in 2012.
In the 14th August 2019 letter, also copied to the Chief Justice, Bart Katureebe, Dr. Ruparelia said they wanted to seek “clarification and guidance from you whether Parliament can inquire into a matter where a decision of Court has been made or where a matter is in Court.”
“We have followed part of the ongoing COSASE inquiry regarding Departed Asians’ Properties Custodian Board through televised and print media. A property that belongs to Meera Investments Limited has been mentioned as part of the inquiry. That property is Plot 24, Kampala Road, Kampala (Freehold Register Volume 1062 Folio 1),” wrote Dr. Ruparelia.
“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 the 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,” he further wrote, adding: “High court listened to us and also listened to Custodian Board (represented by the Attorney General) and made a decision on 20th December, 2012 in our favour.”
Meera are the lawful owners
According to court records, in his judgement, Justice Joseph Murangira said that Meera Investments approached the former owners of that land 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 in the property.
The judge also stated that the documents of evidence presented in court by Meera Investments show that Sudhir bought the property from the original owners and that the authenticity of these documents was not challenged by the respondents (DAPCB) and were therefore taken to have been admitted by the respondents.
Court also found and agreed with Meera Investments that in fact Meera had been made to pay twice for the same property- first from Greenland Bank and second time from the former owners) and ruled that “the respondent (Custodian Board) by its conduct is estopped (barred or precluded) from laying claims over the suit property that under the law belongs to the applicant (Meera).”
“The applicant (Meera Investments) is the lawful owner of the land comprised in Freehold Register, VOlume 1082 Folio 1, Plot 24 Kampala Road,” ruled Justice Murangira on 20th of December 2012.
“An order of prohibition against the respondent (DAPCB) 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,” he further ordered.
The Custodian Board did not appeal.
In his letter, Dr. Ruparelia wondered whether it was right that “whenever matters in court come to an end, parties can come to Parliament for another decision.”
Both the Speaker and Chief Justice are yet to respond, but copies of the letters seen by this website, indicate both letters had been received by the respective offices.