By Kagenyi Lukka
City businessman Dr Sudhir Ruparelia has written to Speaker Rebecca Kadaga seeking clarification on an inquiry into Plot 24 Kampala Road occupied by Kampala Boulevard building.
The property in question has previously been subjected to a court case LD CR No. 16 of 2012, the matter then was raised as a Judicial Review for the court to determine the owner of the property.
Departed Asians Custodian Board in the above case was represented by the Attorney General and lost the matter in court and never appealed the decision of the High Court.
The Committee on Commissions, Statutory Authorities and State Enterprises (Cosase), is investigating suspected fraud syndicate in acquisition of 460 Departed Asians Properties.
Officials from the Departed Asians Properties Custodian Board have listed Plot 24 on Kampala Road, which belongs to Meera Investments Limited, as part of the properties suspected to have been wrongly acquired.
Dr. Sudhir’s petition seeks clarification and Guidance from the Speaker of Parliament on whether it’s in order for Parliament to inquire in a matter that has already been decided by the court.
Under Parliamentary rules and procedures Parliament cannot inquire on matters in Court of Law, equally does Parliament have the power to change a decision of Court.
The Departed Asian’s Custodian Board had to option of appealing the decision of a court on the matter failure to appeal therefore means the board has accepted the decision of court and therefore the matter is closed and cannot be changed by Parliament.
According to available documents of ownership Dr. Sudhir’s company rightly purchased land from its owners who had repossessed from the departed Asian Custodian Board with a duly signed repossession certificate that was not contested by the minister of Finance.
“Rt. Hon Speaker, in 2012, the Custodian Board claimed that former owner did not return to Uganda to manage the property and therefore the property belongs to Custodian Board and was by the state of their pen under their management. Having bought the property and owned it since 1995 we went to High court for Judicial Review under LD CR 16 of 2012 to challenge the Custodian Board’s claim,” Sudhir wrote.
He added: “We are seeking clarification and guidance from you whether Parliament can inquire into a matter where decision of Court has been made or where a matter is in Court . Then whenever matters in court come to an end, parties can come to Parliament for another decision. We shall be grateful for our guidance.”