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Tycoon Shumuk loses property battle against Katatumba

By
Our Reporter
-
Mukesh

City businessman Mukesh Babubhai Shukla aka Shumuk, the proprietor of Shumuk Aluminium Industries Ltd has lost another case in which he accused Singer Angella Katatumba of trespassing on Muyenga based Hotel Diplomat

Angella Katatumba is daughter to deceased Consulate of Pakistan, Boney Mwebesa Katatumba who was in dispute with Mukesh over a loan and prime property.

Nakawa Chief Magistrate before Dr Douglas Singiza thrown out a privately prosecuted case brought by Mukesh citing abuse of court process because its facts are linked to the property disagreement pending in the Court of Appeal.

“Besides raising the jurisdiction error, I consider the complaint before this court, an abuse of court process requiring no further discussion here,” held Dr Singiza.

The Nakawa Court decision to strike out Mukesh case of purported criminal trespass follows dismissal of many other cases.

Since 2014, when the Commercial Court ordered Mukesh to pay more than 11 billion after losing  a property battle against late Dr. Bonney Katatumba’s family, and he is set to pay over Shs10Bn in damages and legal costs incurred.

However, Mr Mukesh have since attempted to evict the Katatumba family from the contested hotel in the upscale area in Makindye Division through numerous court cases.

The cases were filed before determination of Mr Mukesh’s appeal in the Court of Appeal in which he is challenging the November 2014 order of the Commercial Court that stopped him from doing any activity on the hotel or entering it.

Hotel Diplomate is subject of the case where Mr Mukesh through his Springs’International Development Limited, Shumuk Financial Service Limited and Shumuk Springs Development Limited are parties to the dispute.

On March 26 this year, Acting Chief registrar Tom Chemtai ordered Mukesh to desist abusing the court process.

At the meeting at High Court in Kampala between Mr Shukla and Ms Angella Katatumba, the Chief registrar directed that the case in the Court of Appeal be fixed immediately and disposed of since it is the major cause of disputes.

“…there should be one forum to lay or institute cases by any of the parties to the dispute and Angella Katatumba and Shumuk were told to file their cases be it criminal or civil in one court with both geographical and pecuniary jurisdiction,” reads the minute.

Angella Katatumba had made several complaints accusing Mukesh of abusing the courts of law by opening several private criminal cases prompting the Chief registrar to order Mukesh to leave DPP to do its work.

According to the minutes of the meeting, Mukesh instituted a private case at Makindye Chief Magistrates Court and the Directorate of Public Prosecutions (DPP) took over the matter but again filed same case at Nakawa Chief Magistrates Court, which was outside the jurisdiction of the subject property located in Makindye.

Early this year, the Makindye Magistrates’ Court presided over by Jude Okumu Muwone permitted the DPP to take over a case of alleged criminal trespass, impersonation, forgery and uttering a false document against Angella Katatumba which was filed by Mr Mukesh for private prosecution.

The court also allowed the DPP to withdraw the case and acquitted Angella Katatumba.

In 2017, the Chief Magistrates Court at Makindye dismissed Mr Mukesh’s case to evict the Katatumba family from the Muyenga hotel reasoning that the case was wrongly filed under a wrong procedure and law and this court.

The court condemned Mukesh to pay legal costs incurred by Katatumba’s daughter, Angella saying that the application was wrongly brought to court.

“…the application is incompetent and wrongly filed under a wrong procedure and law and this court. It (application) collapses and the same is hereby struck out in its entirety with costs to the respondent,” the court ruled.

The court ruled reasoned that the pleadings brought by Mr Mukesh did not seem to reflect the existence of a tenant-landlord relationship but rather each party claiming proprietary interest that is legal and beneficial.

Mr Mukesh had petitioned the court arguing that he purchased the hotel and that the late Katatumba had agreed to vacate the premises but later refused to leave.

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Breaking: #Covid-19: Another 80 year old patient reported dead at Mengo Hospital

By
Our Reporter
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Covid-19 testing kits

Another 80 year old patient reported dead at Mengo Hospital.

Emmanuel Ainebyoona Ministry of Health Spokesperson has confirmed.

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Court rules that it is illegal for URA to get 30% of disputed taxes

By
Geoffery Serugo
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Justice Kenneth Kakuru

 

The Constitutional Court has ruled that Section 15 of the Tax Appeals Tribunal Act that gives Uganda Revenue Authority (URA) powers to collect 30 per cent of the assessed tax pending final resolution of the notice of objection is unconstitutional.

In a ruling delivered on July 24, 2020 by a panel of five justices led by the Acting Chief Justice Alphonse Owiny-Dollo, the Constitutional Court ruled that Section 15 of the Tax Appeals Tribunal Act that compels an objector to a tax assessment whose challenge is not with regard to the amount of tax payable, to pay to the tax authority 30 per cent of the tax assessed is inconsistent with Article 44 of the constitution.

The other judges on the panel were Justice Kenneth Kakuru, Justice Hellen Obura, Justice Egonda Ntende and Justice Ezekiel Muhanguzi.

“By majority decision, Section 15 of the Tax Appeals Tribunal Act-in so far as it compels an objector to a tax assessment whose challenge is not with regard to the amount of tax payable, to pay to the tax authority 30 per cent of the tax assessed is inconsistent with Article 44 of the constitution ,hence it is unconstitutional,” reads the judgment.

The case was filed by Fuelex (U) limited against the tax body.

“It may be argued that, whenever the Tax Appeals Tribunals Act finds for the objector, the Uganda Revenue Authority has to refund the money. But usually this is too late, for an objector who does not have the 30 per cent, his/her objection however plausible cannot be heard and therefore he/she cannot get an opportunity to be heard, “Justice Kakuru wrote in his ruling.

Justice Kakuru’s ruling added that: “Once the opportunity to be heard is denied on account of failure to raise the 30 per cent of the assessed tax, URA is at liberty to recover the whole of the disputed sum whether that amount is legally owing or not and irrespective of what decision the Tax Appeals would have been  made. That, in my opinion, cannot be consistent with the right to a fair hearing as envisaged under Article 44 of the constitution.”

THE RULING:

Whether Section 15 of the Tax Appeals Tribunal contravenes Article 21 and Article 126(2) (a) of the Constitution in as far as it requires a taxpayer who has lodged a notice of objection to an assessment shall pending final resolution of the objection, pay 30 per cent of the tax assessed or that part of the tax assessed not in dispute, whichever is greater.

 

 

 

 

 

 

 

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Minister Tumwebaze launches SAGE funds in Mbarara

By
Isaiah Mwebaze
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Minister Tumwebaze at the event.

 

The Minister for Gender, Labour and Social Development, Mr Frank Tumwebaze, on Friday launched the distribution of SAGE funds for the Ankole sub-region, reiterating that the government is committed to uplifting the socio-economic conditions of older persons.

In the Ankole sub-region, 37,534 older persons above the age of 80 years will benefit from the funds while 358,420 older persons will have benefitted when the roll-out is completed in all the 135 districts in the country.

In this phase, older persons will be taking home Shs150,000 to cater for all the six months when the country was under lockdown with restrictions imposed to curb the spread of the Corono virus hampering efforts to distribute the money.

Speaking at the launch for the Ankole sub-region at Ruti Rehabilitation Centre in Mbarara City, Mr Tumwebaze acknowledged that there are challenges with the national ID and the cut-off age of 80.

“I am aware that the cut-off age of 80 years and the use of the national ID are a challenge. About the National ID, there are many older persons who qualify by age but did not register with NIRA and they are therefore not on the NIRA register where they can be picked by SAGE. Then we have those who registered and lost their National IDs. I am acutely aware of these challenges and we are working on a solution, “Mr Tumwebaze said.

He added: “It is important that our older persons are able to access this grant regularly, conveniently and with dignity. The Senior Citizens Grant is a social protection instrument aimed at addressing poverty and vulnerability among the older persons in Uganda.”

Speaking at the launch, Mr John Orach, the Northern Uganda representative to the Elderly Council, said that the government should consider lowering the age of the beneficiaries from 80 to 60, if older persons are to benefit.

“I am sure that the government can squeeze somewhere and ensure that old people who attain the age of 60 can benefit from this Fund, “Mr Orach told the Minister.

Mr Stephen Kasaija, the Head of the Expanding Social Protection (ESP) program, who represented the Permanent Secretary, indicated that the Ministry is preparing a Cabinet White Paper to address the challenges that have been encountered.

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Widow petitions Speaker Kadaga over AG Byaruahanga and Hirji

By
Our Reporter
-
ney General William Byaruhanga

 

Children of the late Nanyonga Ziba,who was popularly known as Charm, have petitioned Speaker Rebecca Kadaga alleging that Attorney General William Byaruahanga is colluding with their father Karim Hirji to grab the properties of their mother.

The children are accusing AG Byaruhanga and Masembe Kanyerezi (MMAKS Advocates) of colluding with their father Hirji in fraudulently converting and disposing off properties and Bank accounts of their mother the late Ziba Charm.

The gang of four is accused of grabbing three properties in London, a life insurance policy worth 3M pounds, two houses in Bugolobi, two properties in Kololo, two shopping arcades in Kampala, two properties on Mawanda Road and properties in Nansana and Gayaza.

They are further also accused of taking all deposits estimated at $10 million on Ziba Hirji current and fixed deposit bank accounts  Barclays Bank now Absa Bank and ICBC Bank in UK.

Byaruhanga is alleged to have travelled to London during Charm’s hospitalization and obtained her signature which they used to sell off her properties in London and grab deposits on her London bank accounts.

The petition further alleges that one is the original Will while two other Wills were purportedly forged by the gang of four. The children have since filed a case in the Family Division of the High Court.

The children have now petitioned the Speaker and President Museveni to help them get justice in face of men of power and money.

They have also petitioned the Law Council to hold Byarahanga and Timothy Masembe of MMAKS Advocates to account.The duo have been embroiled in a fight with a one Naddim living in the UK .

Naddim knew much about the properties of Charm Ziba and he has been warned not to step foot in Uganda.

The duo were involved in a property fight with another deceased Indian Jay. His family says he died under mysterious circumstances and the duo grabbed all his property.

The family of the late Kassami is allegedly accusing William Byaruhanga of grabbing his properties and Bank Accounts.

Byaruhanga is being accused by the beneficiaries of the deceased owner of fairway hotel of grabbing their properties.

The public is anxious to see what actions President Musevenis, the Speaker of Parliament and the Law Council will take against the impunity of the gang of four.

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UCC orders all radio broadcasters to submit in fresh applications for broadcasting licenses

By
Geoffery Serugo
-

Uganda Communications Commission (UCC) has ordered all radio stations to submit fresh applications claiming that the current regime is outdated and out of touch with new realities.

According to Acting Executive Director of UCC Irene Kaggwa Ssewankambo the new licensing framework, all radio broadcasters in Uganda are required to submit fresh applications for radio broadcasting licenses of their choice by July 31, 2020.

However, existing operators will not be charged license application fees and initial entry fees for the respective licenses they apply for. They will only pay for the applicable license fees.

In addition to providing for different license fees for commercial and communal broadcasting services, the new framework also provides for a five-year license as opposed to the previous one, which was only valid for one year.

Over the years, the current licensing framework has been rendered inadequate by the changing technology, including broadcasting services. For instance, the new regime aims to facilitate the convergence of technology, allowing for harmonisation of service provider licences whereby operators can provide various services using the same licence.

“In a brief to radio broadcasters last month that the changes have been necessitated by the need to foster a more enabling environment for the provision of radio broadcasting services in Uganda in accordance with sections 5(1)(b), 6(1)(e) and 39 of the Uganda Communications Act 2013.” She said

To facilitate a seamless transition to the new framework, Ms Kaggwa Sewankambo wrote, all existing radio broadcasters are accordingly invited to submit an application for the radio broadcasting license they wish to hold under the new licensing regime.

In her brief, the UCC Executive Director reminded radio broadcasters that “possession of a valid license issued in accordance with Section 27 of the Act is a prerequisite for the grant of rights to use radio frequency spectrum.”

Through this revision, the radio broadcasting licence is being expanded to include general clauses that are applicable to all public service providers.

The switch from a one-year to five-year license was precipitated by the need to improve the licensing process. Given the growing number of operators spread across the country, having to renew the radio license every year has proven to be unrealistic for not only the provider but also the Commission.

The one-year license is also unfavourable for operators who might be interested in seeking finances to expand their business as financiers are unlikely to be keen on lending to a business with a short-term license.

License fees have been revised too, with the annual license fees for commercial radio, Tier 1 (national radio) fixed at Shs 7m, and Tier 2 (Kampala region) at Shs 5.6m. Annual licence fees for Tier 3 (regional cities) are at Shs4.2 million and Tier 4 (rest of the country) at Shs3.5 million.

Community radio, on the other hand, is to pay Shs1.4 million in annual license fees.

The revised fees structure constitutes a reduction in sums payable from the current framework, under which annual fees range from Shs10 million to Shs2 million.

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Singer Ethan Kawuma wins Sanyu FM’s hot mic challenge

By
Our Reporter
-
Singer Ethan Kawuma after being announced winner of the competition.

 

Singer Ethan Kawuma has won the prestigious Sanyu FM Hot Mic challenge after shrugging off stiff competition from over 1,300 challengers.

The Mwoli singer was crowned the winner at a glamorous ceremony presided over by Rajiv Ruparelia on Friday.

As the winner of the challenge, the singer immediately penned a multi-million shilling contract with Sanyu FM, and was full of praises for the radio station.

The final event was highlighted by thunderous performances from the top-ten contestants who were given a chance to remind the judges of the stuff they are made of, allowing the panel to trim down the contestants to three.

Ethan Kawuma was in the final three alongside former Urban TV presenter Timothy Code and Philomena Kyamuteera.

“To the other contestants, you are all going to be winners because this is not the end of the journey. This is what I call the start of the journey of your profession. You chose to be not because of the money but because of the passion to achieve your dreams. To me that is vital. Just because you did not win does not mean that you are not the best, “Mr Rajiv said.

Chris Ireland, one of the pioneer presenters at Sanyu FM, said that although Ethan won, Timothy and Kyamuteera would also be offered jobs at Sanyu FM.

“We had over 1,300 contestants. We came down to ten and then to three and the person selected was Ethan. He goes away with 3 million and a two-year contract to work at Sanyu FM.The other two guys were also good and they will get jobs as the Manager has confirmed, “Mr Ireland s

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#Covid-19: Fly Emirates to cover customer’s expenses in case they test positive

By
Our Reporter
-
Fly Emirates plane

Fly Emirates has announced that they intend to cover medical expenses of up to EUR 150,000 and quarantine costs of EUR 100 per day for 14 days, should they be diagnosed with #Covid-19 during their travel.

This cover for #Covid-19 related medical expenses and quarantine costs is offered by Emirates free of cost to its customers regardless of class of travel or destination. This cover is immediately effective for customers flying on Emirates until October 31, 2020.

It is valid for 31 days from the moment they fly the first sector of their journey. This means Emirates customers can continue to benefit from the added assurance of this cover, even if they travel onwards to another city after arriving at their Emirates destination.

Customers do not need to register or fill in any forms before they travel, and they are not obligated to utilise this cover provided by Emirates.

According to Sheikh Ahmed bin Saeed Al Maktoum, Emirates Group Chairman and Chief Executive, Emirates is proud to lead the way in boosting confidence for international travel. We know people are yearning to fly as borders around the world gradually re-open, but they are seeking flexibility and assurances should something unforeseen happen during their travel.”

“Emirates has worked hard to put in place measures at every step of the customer journey to mitigate risk of infection, and we have also revamped our booking policies to offer flexibility. We are now taking it to the next level, by being the first in the industry to offer our customers free global cover for #Covid-19 medical expenses and quarantine costs should they incur these costs during their travel. It is an investment on our part, but we are putting our customers first, and we believe they will welcome this initiative.” He said

With the gradual re-opening of borders over the summer, Emirates has revised its booking policies to offer customers more flexibility and confidence to plan their travel. Customers whose travel plans are disrupted by #Covid-19 related flight or travel restrictions, can simply hold on to their ticket which will be valid for 24 months and rebook to fly at a later time; request travel vouchers to offset against future Emirates purchases, or request refunds via an online form on Emirates’ website or via their travel booking agent.

Emirates currently serves over 60 destinations in its network, facilitating travel between the Americas, Europe, Africa, the Middle East and the Asia Pacific through a convenient connection in Dubai for customers across the world.

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Museveni declares three days of National Mourning for Tanzania’s ex-leader Benjamin Mkapa

By
Geoffery Serugo
-
President Museveni and late Mkapa at at past event at State House-Entebbe.

 

President Yoweri Museveni has paid tribute to former Tanzanian president Benjamin Mkapa and declared three days of national mourning for the ex-leader.  Mkapa died at the age of 81 in a Dar es Salaam hospital.

“It is with a lot of sadness that I heard of the death of our brother, H.E Benjamin Mkapa. I started working with Mkapa in 1967 when we were university students and he was the chief editor of the Nationalist newspaper.” Museveni said

When he became President of Tanzania, they worked together to consolidate the East African Community. “It is a great loss for Africa. May his soul rest in eternal peace”

Museveni conveyed condolences and those of the People of Uganda to Anne, the children and the people of Tanzania. “The flags in Uganda will fly at half-mast for three days, starting tomorrow, Saturday, July 25th, at 0600hrs (Saa kumi nambili).” He said

Mr Mkapa led Tanzania from 1995 to 2005 before handing over to Jakaya Mrisho Kikwete.

The former president is known for leading several peace mediation efforts in the region, including taking part in Kenya’s post-election conciliation exercise in 2008 and Burundi.

He was part of the Panel of Eminent African Personalities, led by former UN Secretary General Kofi Annan, which ended the post-election violence after the highly disputed December 27, 2007 elections.

Mr Mkapa also mediated talks between the Burundi government and opposition in 2016 that were aimed at ending a long political crisis.

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Kadaga fails to defend self as Oulanyah tell Museveni I am going to contest for Speaker and nobody will stop me

By
Our Reporter
-
Kadaga and Minister

 

President Museveni on Monday met the Speaker of Parliament Rebecca Alitwala Kadaga with four other top politicians she had accused of fighting her.

The four are Deputy Speaker Jacob Oulanyah, NRM Secretary General Justine Kasule Lumumba, Govt Chief Whip Ruth Nankabirwa and Minister Isaac Musumba.

The meeting was called by the President after Kadaga had earlier complained to the president about those perceived to be fighting her and Busoga in general. It is reported that after meeting the Kyabazinza of Busoga that Mr. Museveni decided to meet  those whose names had been brought up.

Our sources say in having Kyabazinga meeting the president, Kadaga wanted the appointing authority to hear from the king about those  that are fighting her were but fighting Basoga in general.

The President promised to handle the issue, the reason he called the Monday meeting which Kadaga also attended.
According to our fly on the wall during the meeting , the President reportedly told Kadaga that “ you have been complaining that these people are fighting you . They are here you tell them.”

The Kamuli woman reportedly said “ yes they are fighting me. They are even sponsoring candidates against me. They held meetings.”
“ I even had to sack my Principal Personal Assistant because he was leaking all my documents to ISO”. sources told Eagle Online
David Kamaali is the most recent victim of Kadaga’s knife in a series of officers who have suffered under her leadership.

Pushed to name the candidate being sponsored against her , our fly says Kadaga refused insisting that she will tell only the President.
“ Those will be rumors , you say it here when they are present, “ Museveni interjects.

Kadaga did not name any.
The President gave each of the four to defend themselves and they reportedly said Kadaga runs public affairs by rumors and intrigue.
Our sources said Musumba was brutally honest. “ My sister , you are a very difficult person to work with. I was the chairman of your reelection campaign for Speaker but now you are sponsoring the very person we fought, against me because I was appointed a minister “ Musumba reportedly said and added : “ You believe in rumors so much.”

The Omoro man also told Kadaga that she uses her position to fight imaginary wars the reason she has never allowed him to chair the House anymore.
“ I am going to contest for Speaker and nobody will stop me this time. Why do you have to turn such an office into a tool for fighting petty wars? “ Oulanyah is reported to have submitted.
“ You fight fellow Basoga , you fight any politician , you fight even mere employees ; that is not the right thing to . I want to run that office and I will show you how it should be.”

Lumumba reportedly said she is tired of Kadaga’s perpetually accusing others and causing unnecessary divisions.
She said Busoga is in conflict all the time because Kadaga listens to rumors instead of behaving as a uniting factor.
It should be remembered that in the last elections , no minister was re-elected in Busoga , an issue attributed to Kadaga that she doesn’t want any other potential leader in Busoga.
She has also fallen out with the only minister who was close to her , Moses Kizige.

Our sources say that whenever Kadaga faces competition , she runs to the President accusing others of fighting her yet she fights others mercilessly.

The Monday meeting ended without Kadaga giving evidence against those alleged are fighting her.
Instead it became an opportunity for the accused to speak point blank.

Kadaga has recently openly clashed  with many bigwigs in government like Foreign Affairs Minister Sam Kutesa, First Lady and Minister for Education and sports Janet Museveni, Former Prime Minister, Amana Mbabazi, her Deputy Jacob Oulanyah and National Resistance Movement (NRM) party Secretary General, Justine  Lumumba.

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