Justice Godfrey Namundi, of the Family Division of the High Court has adjourned to Tuesday October 29, 2019 Civil suit HCCS No. 535 of 2019 in which city tycoon Mohan Musisi Kiwanuka was sued by his son for alleged wrongful eviction from the tycoons, company property. This was during the hearing on Thursday October 24, 2019.
The first plaintiff, Jordan Ssebuliba Kiwanuka, the second plaintiff, Lowerhill Management Limited and the third plaintiff, Ms Beatrice Kavuma Kiwanuka sued the first Defendant, Visa Investments Limited and the second defendant, Mohan Musisi Kiwanuka following an eviction notice to the first plaintiff, Jordan Ssebuliba by Visa Investments limited, the owners of the properties. The property owner wants vacant possession of their properties.
However, Mohan Kiwanuka by virtue of being director in Visa Investments, the suit properties aren’t registered in his name.
The first Plaintiffs, Jordan Sebuliba has been the known occupant of the suit properties,Plot 10A and 10B Akii Bua Road and Plot 21-29, Golf Course Road, Kololo, in Kampala.
However, the suit contains sub-plots in an ongoing family debacle, that has brought into the court batter, Mr. Mohan Kiwanuka’s first wife, Ms. Beatrice Luyiga Kavuma. While she was never the target of the eviction notice, she joined the first plaintiff, together with the second plaintiff to sue Mr. Mohan Kiwanuka.
It is alleged by the plaintiffs, that her home, located on Plot 22A Kawalya Kaggwa Close, Kololo, Kampala, together with the suit properties, constitute matrimonial property. The defendant, Visa Investments Limited, is expected to vehemently distance itself from matters of matrimony and stick to the fact that the suit properties belong to a corporate entity with no ability to marry a human person, let alone share properties with them.
The plaintiffs, however, have prayed to court to lift the veil of incorporation of Visa Investments Limited, an action that would mean that company internal workings would be made public, including would-be company secrets. The foregoing has been made ostensibly to show that Mr. Mohan Musisi Kiwanuka is deeply involved in the decision-making process in the company.
Matters are likely going to hot up during the hearing since the marriage of Mr. Mohan Kiwanuka is likely going to be a central subject of debate as, in order to disassociate the property from arguments of matrimony, the defendant is expected to seek evidence from the plaintiffs about the said marriage.
The case is also very likely to unearth who the directors of Lowerhill management Limited, the company that has been managing the Golf Course property for weddings and other events, including the land at Bwerenga, that together are being advanced as matrimonial property.
If Maria got married to Kiwanuka and obtained a marriage certificate that does not lock out Beatrice’s traditional marriage. In fact Beatrice should approach the court to nullify Maria’s marriage to Kiwanuka. Beatrice was married in a traditional marriage which is valid. Beatrice and Kiwanuka had children and therefore the marriage was evidently consumated. Before Mohan and Maria could be allowed to obtain a marriage certificate they should have availed the registrar of marriages a divorce certificate or even a separation certificate to Beatrice. All these are absent. Which makes Maria’s marriage to Mohan null and void. She can only be married in a traditional marriage. The civil marriage of Maria to Mohan is null and void. In fact, Beatrice needs proper legal advice to have the illegal marriage between Maria and Mohan nullified with immediate effect.