Land commission’s lead counsel, Byenkya in Shs3.7bn property row

The lead counsel for the commission of inquiry into land matters, Ebert Byenkya has been cited in a $1 million, about Shs 3.7 billion property row in Entebbe municipality.

According to a letter to Justice Catherine Bamugemereire, businessman Benon Grace Mugisha, the property in question is a block of 16 flats in Entebbe municipality, Plot 5, Nakiwogo close.

He says that in January 2015, Byenkya through his Cwezi Properties Limited was renting the property but later suggested that the property be sold to him.

“I agreed and he himself made the sale agreement. We signed on June 1, 2015 .He agreed to pay my loan because the property was mortgaged to Housing Finance Bank. He promised to me and my business partners the balance after deducting the money for the loan in June 2016,”Mugisha says in an April 10, 2019 letter to Bamugemereire.

“He also promised to pay me and my partners’ monthly payments until he finishes our balance.”

According to the tenancy agreement initiated by Byenkya to Mugisha dated January 2015, the former indicates that he would purchase it at $1.2 million.

“The first installment equivalent to $200,000 would be settled by Cwezi taking full responsibility for both existing mortgages that you have with Housing Finance Bank. In the short term, the loans would remain in your name but it would mean that the approximately $3300 that we pay out of your monthly rent to the bank would now be payable directly from Cwezi’s own resources,” reads in part the tenancy agreement.

According to the agreement, the second installment worth $300,000 would be paid in six months of entering into the agreement and the final installment of $700,000 would be paid in 12 months after the second installment.

The businessman however says that despite not paying the money as agreed to him, Byenkya has gone ahead to advertise his property as his.

According to an advertisement in the Daily Monitor on December 4, 2018, the property is on sale after the owner, Mugisha failed to honor his financial obligation with the bank.

“Upon instructions from our client, a financial institution, we shall proceed to sell the under mentioned property unless the debtor pays us all the monies owed, our fees, costs disbursements before the sale date,” the advert reads.

The businessman says that as agreed to pay him and the bank balance, Byenkya has never honoured the agreement.

“He paid the bank for a few months irregularly and in 2017, he stopped paying the loan completely. After 20 months of not paying, the bank advertised my property.”

Mugisha claims that he has no way out since the loan has not been paid for now two years yet Byenkya had promised to pay the debt to the bank.

According to the businessman, Byenkya is currently using the property that houses his company, Cwezi Properties Limited.

“He collects the money but does not pay me or the bank.”

“I therefore request you madam (Bamugemereire) to look into the matter,” Mugisha says in his letter.

When contacted for a comment, Dr. Douglas Singiza, the secretary to the Commission of Inquiry into Land matters referred this website back to Mugisha, the complainant or his lawyer.

“We treat all information that comes to the commission in strict confidence,” Singiza said.

Byenkya speaks out

However, the lawyer denied the allegations as being unfounded saying they are concoctions which are part of a campaign meant to tarnish his name

“There is a smear campaign being orchestrated by a couple of lawyers one of whom is called John Musiime. John Musiime is Ben Mugisha's nephew and a former employee of mine. He has been circulating a letter supposedly written by Ben Mugisha who is not even in the country to all media houses,”Byenkya told this website.

The lawyer told the Nile Post that the claims are also part of the tactics used against him to frustrate a case he lodged against the group before the Commercial Court.

“However I can tell you there is also a law suit in the Commercial Division which I think is not going well for them. This is an obvious attempt to intimidate me but it won't get them anywhere.”

The land commission’s lead counsel also told this website that the group has already sold the property to someone unknown to him.