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Last updated on January 31st, 2023 at 12:57 pm
The High Court in Kabale on Monday, 16th January, 2023 threw out an injunction application that was filed by Kabale lockup owners.
About 160 lock-up owners led by Rev. Canon Jack Katarishangwa, Simon Mashemerewa, and Richard Muhanguzi petitioned the Court asking for a permanent injunction on the relocation of vendors to the new modern market citing irregularities in the process.
The lockup owners through their lawyers of Bikangiso and Company Advocates on December 15, 2022, petitioned the Court arguing that they have no assurance they will own full rights of lockups in the new market like it was before the old market was demolished.
They accuse authorities of turning against them and declaring that Kabale Municipality is the overall owner of the lockups without considering that there are those who owned lockups before the old market was demolished.
The owners also protested the occupation of lockups by raffling.
However, in a ruling by Justice Moses Kawumi Kazibwe, the Kabale High Court Judge, the Court declined to grant the injunction on grounds that the application was overtaken by events.
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He said that issuing an injunction is not possible since the majority of vendors have already occupied the new market under the guidance of the Ministry of Local Government and the Kabale Municipal Council authorities.
Justice Kazibwe advised mediation between the Kabale municipal council and the aggrieved lock-up owners.
He referred the parties to Kabale Chief Magistrate Derrick Byamugisha who will act as the mediator.
Kazibwe said that mediation should be done in one month and if it fails, the aggrieved party should file a suit.
Emmanuel Sentaro Byamugisha, Kabale Municipality Mayor welcomed the court ruling saying that the aggrieved lockup owners should stop sabotaging development.
Cannon Katarishangwa, says that they have no objection to the ruling.
He says that they will file a main suit once authorities continue declining to listen to their demands.
” I don’t object to what has transpired. We came here because of three reasons. One, to have a status quo of our addendum. Our addendum gives us the remaining running years of our leases individually. Otherwise, the proceedings of today have been very good…” Cannon Katarishangwa said.
Chong Chuing International Construction (CICO), a Chinese firm was contracted to construct the 23 Billion Shillings market under the World Bank-funded Markets and Agricultural Trade Improvement program – MATIP III in 2019.
It was handed over to the government last month.
The relocation of vendors from the Kabale Police Barracks playground market to the new market ended on Sunday.