The High Court has awarded the Hajj Kasule family of Wandegeya, Shs 30 million in costs in a land trespass case with businessman Haruna Sentongo.
The dispute arises from alleged trespass on 0.12 hectares of land located on Block 12, Plot 101 in Mengo-Kisenyi, Kampala.
The taxation application was filed by Isaac Kasule of Kasule, Kiberu and Company Advocates. He was acting on behalf of his siblings Muhammad Kizza Kasule, Abubakali Kato Kasule, Amina Nakitto Kasule, Sarah Nabunya Kasule, and Sophia Kayongo Kasule.
Isaac Kasule, who is blind, is the son of the late Musa Kasule, a prominent Muslim businessman who died in 1985 and owned large chunks of land in Wandegeya.
During a hearing at the Land Division of the High Court at Twed Towers in Kampala, the registrar, Ronald Kayizzi, said he would deliver his ruling through the Electronic Court Management Information System at an unspecified date.
“I will be ruling on the subject matter through the Electronic Court Management Information System in due course,” Kayizzi said.
Kasule told the court that all legal procedures had been followed in serving the taxation application to the defence team representing Sentongo.
He said he personally effected service with the help of Shafick Katumba and Ali Halawieh Muganga, and that the documents were duly acknowledged by the defence through signed copies.
Kasule argued that the Shs 30 million awarded in costs should be respected, insisting that the bill of costs was properly filed and processed despite delays in hearing the main suit.
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The taxation notice, together with the amended applicant’s bill of costs, was signed and stamped by Geoffrey Turyamusiima, a commissioner for oaths.
However, Sentongo’s legal team, which comprised Derrick Bazeketta and Abubaker Sekanjako, objected to the taxation, arguing that the costs should only become binding after the main case is heard and determined.
The disagreement has created uncertainty over whether Sentongo will comply with the taxed costs before the final determination of the main suit.
I think the story lacks detail. I expected to find answers to the following questions;
1. How did the “awarded” costs arise? The fact there’s a main dispute doesn’t explain why costs were awarded.
2. What is the main dispute really about and how far has the case gone?
3. The Registrar said that he would deliver his ruling on ECCMIS, has he done so? If yes, when?
4. Why would you wonder whether Ssentongo will comply with the order? Did you talk to Kasule or Bazeketta & Co. to ascertain what their respective next move is? For instance, is Kasule prepared to demand and subsequently commence execution proceeding against Ssentongo? What about Bazeketta & his team; are they planning on staying the payment of the awarded costs through another court process?