BMK's heir, Muwanga, loses court battle to bank over sale of multi-billion property

The Court of Appeal has ruled against Ali Kibirige Muwanga, who was handling the estate of the late Bulaimu Muwanga Kibirige (BMK), in his effort to stop the sale of a valuable property.

The property in question, located on block 273, plot 46, Mulambula Road in Buziga, Kampala, is estimated to be worth around sh10 billion. It had been seized to recover a debt, which led to the legal battle.

Muwanga had requested an extension to appeal a previous High Court decision that dismissed his case against the sale. He argued that his former lawyers did not properly guide him on the required legal steps.

However, a panel of Justices, including Cheborion Barishaki, Christopher Gashirabake, and Dr. Asa Mugenyi, rejected his application. They pointed out that he had delayed the appeal process for an unreasonably long time, which they saw as an abuse of the court system.

Justice Barishaki emphasized that Muwanga had not made enough effort to pursue his appeal, allowing 11 months to pass without filing it. This delay weakened his legal standing in the case.

As a result of the ruling, Yako Bank Ltd now has the legal right to proceed with the sale of the property. The bank had taken control of it as part of a debt recovery process against a registered judgment debtor.

BMK, a well-known businessman, passed away on September 10, 2021. Following his death, Muwanga was given legal authority to manage his estate, which includes multiple valuable properties.

On March 14, 2023, Commercial Court Judge Stephen Mubiru ruled that Muwanga did not provide sufficient proof to show that the disputed property was part of BMK’s estate or under his control.

Judge Mubiru explained that since the property was registered under the judgment debtor’s name, it could legally be attached and sold. He, therefore, dismissed Muwanga’s objections.

This decision marks a major legal defeat for Muwanga. It reinforces the rights of creditors in debt recovery cases and highlights the importance of taking timely legal action in property disputes