By Spy Uganda
No-nonsense Inspector General of Police (IGP) Okoth Martins Ochola aka (OMO) has directed Entebbe Aviation Police Commandant to ensure that Spenah Beach landlord occupies his premises in TOTAL QUIET and without any undue interference.
This follows a court order issued last Friday by Twed Tower based High Court (Land Division) after trashing Spenah Beach boss Asiimwe John’s attempts to secure an Interim Order restraining his landlord, his agents, representatives, or appointees from evicting him. If this had been granted,it would have been the second injuction in favor of John. Two years ago, John secured an injunction order from court that barred his landlord, Steven Kabuye from stepping on his land for two years. In those two years, John also declined to pay rent amount to over shs200m, that’s according to Kabuye’s lawyers.
READ ALSO: Spenah Beach Saga: Beach Boss John Asiimwe Loses Round-One, Ordered To Stay Away & Pay Costs!
Now on Friday, Court dismissed his (John) application and ordered him to cough costs to his landlord amounting to about shs200m
A police letter signed by Twaruhukwa Erasmus on behalf of IGP Okoth Ochola directed Commandant AVIPOL to ensure that the above court order is effected without fail.
”’The order restrains Spenah Entertainment Ltd and Asiimwe John from interfering, trespassing or obstructing landlord’s right to quiet possession or use of the land above quoted. You will recall that similar instructions had earlier been given which were not compiled with. The Court has now reinforced the same instructions.”
”This is therefore to require that you ensure that the landlord or his agents have unrestricted access, usage and occupation of the premises as ordered by Court,” partially reads Police letter.
Genesis Of This Matter!
The brief of this saga is that Kabuye on April 3, 2017, rented beach premises at a rate of USD 2400 per month, for a period of five years, ending in May 2021.
READ ALSO: Pictorial: SFC Soldiers Brutalize Journalists For Covering Eviction Of Spenah Beach Boss
However, along the way, Asiimwe and his company Spenah Entertainment allegedly defaulted on rent for a period of six months, which prompted the owner of the property, Kabuye, to seek repossession of the facility.
By that time, Asiimwe had defaulted rent amounting to USD 37,200 being outstanding rent for the period running from December 2019 to May 2021, minus the utility bills outstanding as of that date.
Through his lawyers of Sabiiti & Co. Advocates, decided to grant Asiimwe a rent waiver for the months of April and May, thereby reducing the outstanding bill to USD 8,400, being the unpaid rent for the months of January, February and March of 2020 and part of December 2019.
But, as a considerate landlord, Kabuye, however, instead of taking that option, Asiimwe, using a certificate of NEMA’s approval of Environmental and Social Impact Assessment, claimed to own the beach!
Kabuye’s lawyers, therefore, wrote a notice of vacation to Asiimwe and Spenah Beach dated November 12th, 2020, notifying him of the expiry of his tenancy, and the request for vacant possession to the landlord, Kabuye.
He didn’t comply with the notice to vacate the property, along the way Kabuye decided to sell the land on Freehold Register Volume WBU 6465 Folio 9, to a neighboring City businessman, but when he tried to take possession of the property, Asiimwe and his goons blocked him.
So, his lawyers of DROIT Advocates wrote a letter dated September 26th, 2022, to the National Environmental Management Authority (NEMA), seeking the cancellation of the certificate that the Authority had issued to Spenah Beach to operate the premises.
They also notified NEMA that Asiimwe had earlier claimed that the land under contest belongs to Entebbe Municipal Council which had however refuted the same claims.
The landlord’s lawyers quoted a letter from Entebbe Municipal Council dated September 20th, 2022, signed by the Town Clerk Charles Magumba, refuting Asiimwe’s claims that the land housing Spenah Beach belongs to Entebbe Municipal Council.
After critically observing the evidence of ownership of the land and in consideration of the letter from Entebbe Municipal Council denouncing any claims on the property, NEMA consequently canceled certificate No. NEMA/EIA/15155 that had been issued to Spenah Beach.
Earlier on, Entebbe Municipal Council had written a letter dated September 19th, 2022 to the National Water and Sewerage Corporation (NWSC), canceling and recalling a letter the Municipality had written to NWSC authorizing them to install water at Spenah Beach, a copy of which landlord’s lawyers had shared with NEMA.
When Asiimwe failed to comply with all avenues to vacate the property, the landlord’s lawyers decided to seek help and protection from the Uganda police, in a bid to forcefully evict Spenah Beach.
So, on October 5th, 2020, the Inspector General of Police (IGP) Martins Okoth Ochola, in a letter dated October 5th, 2022, signed on his behalf by Twaruhukwa Erasmus, directed the Commandant Aviation Police, Entebbe, to forcefully evict Spenah Beach and hand over the property to the landlord which was never effected until Kabuye workers forcefully threw Asiimwe out of the premises on 14th October 2022 amidst violence ignited by Special Forces Command (SFC) soldiers who beat up not only Kabuye workers but also journalists who were found covering the eviction.
Meanwhile, after the above, Asiimwe run to court with the hope that he could be shielded to go back inside the beach which High Court (Land Division) trashed on 21st October 2022.
