Monday, 10 December 2012

MTN, hotel land case for January

News Updated at E-Society Kasese

The Kasesse-based hotel accuses the telecom company of erecting a mast on its land

The High Court in Kampala has set January next year for hearing a case in which Kasese-based Springs International Hotel is seeking to recover Shs6.5 billion from telecom firm, MTN over alleged illegal occupation of its land.
The controversial 0.032 hectares in Kilembe is part of the property formerly owned by the late Maj.
Gen. James Kazini.
The hotel, which is now owned by businessman Mukesh Shukurah, accuses MTN of allegedly maintaining a mast on his premises for 10 years and is seeking for a court declaration that the telecom giant is a trespasser.
According to the complaint, the hotel also wants court to direct MTN to remove its mast and an order of permanent injunction restraining it from the land.
However, MTN denies the allegations, saying it intends to raise preliminary objection during the trial.
The telecommunications firm alleges that the controversial land was acquired through a lease agreement with one Pascazia Kiiza and hence there was no trespass or illegal occupation.
“…the defendant (MTN) carried out due diligence and there were no objections against the construction of the mast,” reads part of the defence.
“And if indeed the plaintiff has suffered any loss which is denied, such loss cannot be attributed to the defendant.”
But the hotel alleges that at the time of construction, MTN knew or ought to have known that the land in question was not theirs and that they did not get consent from the complainant or its predecessors in title.
“The plaintiff contends that the defendant has ,through its trespass and illegal occupation of the said land conducted profitable business at the detriment of the plaintiff,” the complaint adds.
The hotel is being represented by M/s Murungi, Kairu and Co. Advocates while MTN will be represented by Kampala Associated Advocates.