Renowned City lawyer Fred Muwema and his law firm Muwema & Co. Advocates, have come out to contest the Friday eviction from their offices on Plot 50 Windsor Crescent Road in Kololo by their landlord, Downtown Investments Ltd over UGX 1.4 billion rent arrears, as unauthorised and illegal.
In a statement issued by the firm on Friday evening, lawyer Muwema noted that the Friday morning eviction carried out by court bailiffs assisted by the Uganda Police was illegal since the landlord didn’t serve them a warrant, a 90 day eviction notice and was executed while an appeal, HCCS 621/2023 that the firm filed recently is still pending hearing before court.
“This was an illegal eviction disguised as a re-entry, a remedy which was no longer available to Downtown after it submitted the dispute with us, to the Courts of law. Most importantly this was an irregular execution by all accounts, of the recent judgment in HCCS No. 621 of 2023: Downtown Investments Ltd Vs M/s Muwema & Co. Advocates & 2 Others, which we have appealed” the statement reads.
Muwema further alleged that the eviction was carried out to frustrate his firm’s appeal against Downtown’s intended eviction after losing a long-running tenancy dispute with Downtown Investments Ltd.
“Which explains why the legal process of effecting an eviction was deliberately not followed in that; no execution process of the court decree was commenced, the 90-day notice of eviction required under the Constitution [Land Evictions] [Practice Directions],2021 was not issued, and no warrant of eviction was issued by Court to be enforced by the police”.
Muwema who condemned the eviction said the firm, which is currently working remotely following the eviction, will do everything necessary to seek justice in the matter.
On February 20 this year, the High Court’s Commercial Division Hon. Lady Justice Patricia Mutesi underscores a fundamental truth: informal deals and unaccepted offers won’t shield tenants from the full weight of lease obligations.
The 28-page judgment ruled against M/S Muwema & Co. Advocates, finding the firm liable for breaching a 2014 lease agreement with landlord Downtown Investments Ltd.
The case, Civil Suit No. 0621 of 2023, pits Downtown Investments Ltd against the firm and its partners, Fred Muwema and Friday Kagoro – seasoned litigators known for tackling politically charged battles, from election petitions to corporate showdowns.
The defendants were ordered to hand over vacant possession of the property at Plot 50 Windsor Crescent Road and face eviction if they fail to comply.
