By Dean Lubowa Saava
Justice Stella Alibateese of the Court of Appeal has allowed Kampala Capital City Authority (KCCA) to evict a car bond owned by imprisoned city businessman Muhammad Ssebuwufu, declaring that it has been operating illegally. The car bond, known as Pine Car Bond, is located along Lumumba Avenue.
Justice Alibateese noted that retired High Court Judge Yasin Nyanzi erred in law and fact in 2013 by allowing Ssebuwufu to operate the car bond in an area not gazetted by KCCA for such business. The judge agreed with KCCA lawyers that Ssebuwufu was issued with a trade license to operate a private car park, not a car bond, and that he intentionally chose to operate the latter, contravening Section 11 of the Trade Licensing Act and other laws.
The judge cited the National Physical Planning Standards and Guidelines, which restrict the establishment of car bonds within zonal areas designated as industrial areas, which Ssebuwufu violated.
KCCA issued a notice to Ssebuwufu on March 2, 2012, which he received but refused to acknowledge. The notice instructed him to relocate his vehicle sale business activity from the Central Business District, as the land he occupied had never been gazetted as an industrial plot for a car showroom and warehouse.
Justice Alibateese explained that Ssebuwufu was given the opportunity for a fair hearing to rebut the orders but instead rushed to the High Court to secure an order stopping his eviction. The judge agreed with KCCA lawyers that Ssebuwufu was given adequate notice and opportunity to be heard before the issuing of the final notice.
The judge also rubbished Ssebuwufu’s defense that the renewal of his business license by KCCA was evidence that he was operating legally, explaining that the renewal was for a private car park, not a car bond. In conclusion, Justice Alibateese allowed KCCA’s appeal with costs.
This development comes at a time when Ssebuwufu is serving a 19-year prison sentence after losing his appeal at the Supreme Court. He was convicted of murdering city businesswoman Betty Katushabe over a car debt of Shs 9 million.
