By Website writer
The row between city lawyer Deox Tibeingana and tycoon Godfrey Kirumira has taken a new twist with Kirumira putting and tightening a noose around his own neck after filing what social media users have dubbed a “ Written Statement of Death”.
In this case, death being the fictitious case he was trying to build in his defence. This after the plaintiff (Tibeingana’s) lawyers punched holes in the defendant (Kirumira’s defence) accusing him of gross forgery in a bid to shamelessly obtain prime city property.
In a reply to Kirumira’s defense filed at the High court Commercial court division, on Thursday, 17th October Tibeingana, represented by David Sempala of KSMO Advocates maintains that his dealings with Kirumira have always been money lending transactions.
The plaintiff (Tibeingana) has issues with a sale agreement created and uttered by Kirumira as his anchor document dated 24th February 2017, which he brands a mother of all forgeries as its contents defy logic.
Whereas the sale agreement is dated 24th February 2017, in the preamble thereof, reference is made to an assignment of sale proceeds in respect of one of the proprieties Plot 119 Muteesa II Road Kampala dated 24th October 2017 which is stated to be part of the sale agreement. It is clear that the defendant created this document deliberately to suit his narrative as the parties could not have speculated the existence of such an assignment at the time of the sale agreement.
In Tibeingana’s defense, he says that it is inconceivable that Kirumira purchased properties valued at sh5b and paid the sum in cash without any acknowledgement from the plaintiff (Tibeingana) of such a colossal sum apart from an executed sale agreement. The plaintiff denies receipt of the said money from the first defendant and says the same is a forgery.
Whereas the agreement shows that Godfrey Kirumira among other properties allegedly purchased property comprised in Kyadondo Block 257 plot 422 on the 24th February 2017 and duly received transfer forms for 5 condominiums that were to be created on this property, the property was only acquired by Tibeingana in August 2017.
According to documents seen by The Kampala Sun, at the time of the purported purchase, the property was mortgaged and was in custody of CERUDEB. The transfer forms to 5 condominiums which Kirumira purports were given to him upon payment of the 5bn in cash could not have been in existence as the documents adduced by Tibeingana show that these were only approved in November 2017, nine months after the purported agreement.
Furthermore, on 13th September 2017, Tibeingana obtained a loan of sh120m from a one Freda Nayor secured by this particular property and the documentation for the loan was prepared by the First defendant (kirumira’s lawyers) . This could not have been possible if the property had been sold to Kirumira in February 2017. The latter transaction shows that the transaction between Kirumira and Tibeingana was of money lending in nature.
In the reply, Tibeingana says he shall lead evidence to prove that units 4 and 6 were sold to a third party by him vide a sale agreement dated 20th February 2018 and the certificates of title were handed over to the said 3rd party purchaser who was in possession of the same until Kirumira made the unreasonable demand on Tibeingana to secure their release before he could hand over the certificate of title for Unit 4 Plot 7B as detailed in the Plaint.
The plaintiff (Tibeingana) would not have been able to sell the said units to the third party without the defendant demanding for the same if the land had indeed been sold to him in February of 2017 as claimed by Kirumira.
Tibeingana in his reply says one of the other properties allegedly paid for on the 24th of February 2017 was a month later confirmed to be held by Kirumira as security for a loan.
In a letter written by Kirumira’s lawyers and duly received by a bank, Kirumira admitted that the title was being held by him as collateral for monies he advanced to Tibeingana to enable him develop the property for sale to 3rd parties and that he would release it to the bank once he is paid by the said bank.
Tibeingana contends that the said property was also variously transferred, from the plaintiff (Tibeingana) to Godfrey Kirumira and then back to Tibeingana on July 5, 2017, 30 July 2017 and 30th October 2017 respectively. “ The back and forth transfers show that there was no outright sale claimed in the sale agreement of 24th February 2017.
Tibeingana insists the property was developed by him and sold to a third party at sh1.8billion on 16th November 2017 . Tibeingana argues that if indeed Kirumira had purchased this property, he would have been the one to sell it.
Kirumira filed a counter claim for 1.1bn shillings being the value for two properties allegedly bought in the 24th of February 2017 agreement which Kirumira says Tibeingana has failed to deliver and that whose owners including Major General Kasirye Gwanga have denied ever dealing with him.
Tibeingana denies this and states in his reply that “No reasonable person at the presumed understanding of Godfrey Kirumira would pay the plaintiff such a colossal sum of money when the certificate of title for Makindye Block 7 plot 500 was not even available at the time and was only issued on 20th October 2017 without capturing this in the agreement.
Tibeingana states in his reply that no lawyer worth their name would draft such an agreement for property that is not in the seller’s name without capturing all the preambular details. He further states that the purported agreement is not worth the paper it is written on.
Tibeingana’s lawyers further punch holes in Kirumira’s written statement of defense pertaining to a purported sale of his motor vehicle. “The sale agreement attached by Kirumira was a forgery as the stated date of execution of the said sale agreement was a public holiday and Tibeingana was in Rukungiri.
“It is further hard to believe that a businessman like Kirumira and his daughter, Brenda Kirumira could part with $50,000 in cash for a car whose log book is still in possession of a financial institution. Tibeingana is the registered Lessee and is still servicing the loan.
In the reply to the counterclaim, Tibeingana totalled up the values as presented by Kirumira himself in his written statement of defence and it is clear as day light that there is something fishy with Kirumira’s version of events. Kirumira says two of the properties he values at 1.1bn; the other he sold to his brother in law for 700m; he resold ntinda to Tibeingana at 1.1bn. This makes a total of 2.9bn which leaves a shortfall of 2.1bn in which case this would automatically be the value for munyonyo.
Tibeingana says in his reply that for Kirumira who is a chairman of Kampala’s elite businessmen to willingly do such loss making transactions defies logic. It further cements his argument that indeed no such transaction ever took place.
In the court documents seen by the The Kampala Sun, Kirumira’s wife Grace Namara is accused of forging a title but the defense is quiet and no explanation was proffered by her in reply to such a gross accusation.
The daughter, Brenda Kirumira, is accused of forging a sale agreement for purchase of the vehicle Kirumira is accused of obtaining by false pretense and handing over to the said daughter to drive whereas it is Tibeingana’s property.
The documents also claim Kirumira’s son Gideon Kirumira is accused of conniving with his other brother Gerald Kalungi to steal Tibeingana’s car a Chevrolet Trail Blazer Model 2017 UAZ 750N which the latter drives around town.
Since the story broke, our research has established connection between a mysterious tycoon who claims to have bought Tibeingana’s 24 apartments. The said Andrew Mirembe Tumwebaze happens to be Kirumira’s brother in law. How one family can be the sole purchasers of Tibeingana’s 35 properties continues to defy logic.
Kirumira, his wife, daughter, son and brother in law are represented by MMAKS advocates.