Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698926411916.pdf (Uganda)
- - 7c--~iZ L,7 X(o , 6,tl q1 o'n ')- & A REPORT OF THE COMMITTEE ON PRESIDENTIALAFFAIIS ON THE MANAGEMENT AND OPERATIONS OF THE CITY ABAT".VGIR , No OlFICE OF THE CLERK TO PARLIAMENT April 2017 S OIL 1.0 Introduction Rt.

Hon Speaker and Hon.
Members, In accordance with Article 90 and 155(4) of the Constitution of the Republic of Uganda and Rule 177 (e) of the Rules of Procedure of Parliament, Committees are mandated among others; "to monitor the performance of Ministries and Departments under their ambit" and in line with this mandate, the Committee on Presidential Affairs commissioned a study into the management and operations of City Abattoir located on plot 1&3 Old Portbell Road, Kampala under Kampala Capital City Authority (KCCA), following numerous complaints from KCCA that they are collecting less Non Tax Revenues (NTR), yet the abattoi.r had been operating and remitting no revenues whatsoever since December 2011.
To make matters worse, KCCA is supposed to compensate Ms Basajjabalaba Hides and, Skins Limited for loss of revenue, yet KCCA is collecting no revenues ever since.

1.2 Background Kampala City Council (KCC) that initially managed plot 1&3 Old Portbell road.

(commonly known as City Abattoir) entered into ,.

f Management Contract with M/s Basajjabalaba Hides and Ski Co. Limited for the management of the above captioned propert'y for a period of five years commencing on Ist March 2000.
One (1) year into the management contract, Basajjabalaba Hides and Raw low 1- Skins Co. Limited got a sublease from Kampala City Council for a term of 49 years.

M / s Basàjjabalaba Hides and Skins Co. Limited further subleased the property to Dan Kwatampora Katarihwa.

It was alleged that Dan Kwatampora Katarihwa wanted to change the land use from abattoir to Bus Terminal which did not auger well with the vendors.
This led the vendors under their 'umbrella' organisation of City Abattoir Traders Development Association (CATDA) Limited to evict Basajjabalaba Hides and Skins Co Limited/Dan Kwatampora Katarihwa from the city abattoir which to-date is being run by CATDA.
1.3 Terms of Reference To find out why KCCA had poor performance of NTR yet its facilities are being run without remitting NTR to KCCA To ascertain the True Ownership of City Abattoir To make appropriate recommendations on better management of the Abattoir.

2.0 Methodology The Committee held a number of meetings with various stakehbhers'ñamly: The Hon.
Minister for Kampala Capital City Authority; IH Worship the Lord Mayor, KCCA; KCCA Management Team; T Chairman and Management of Basajjabalaba Hides and Skins C Limited; The Inspector General of Police; and The Leadership City Abattoir Traders Development Association Limited.

in addition, the Committee visited City Abattoir on plot 1 &3 Old Portbell road to acquaint itself of the state of the abattoir and conditions in which the abattoir operated including but not limited to general hygiene.
~L The Committee as well held interviews with different stakeholders of the abattoir.

The Committee also reviewed and analysed a number of submissions and documents received from stakeholders highlighted in 2.1 above and the print media.
3.0 Committee Findings 3.1 Lease to Basajjabalaba Hides and Skins Co. Limited Kampala City Council (KCC) the then lease holder in respect of plot 1&3 Old Portbell Road, also known as City Abattoir entered into a management contract with M/s Basajjabalaba Hides and Skins Co. Limited (BHS) on 1t March 2000 for the management of the abattoir for five years renewable, subject to fulfillment of the conditions in the agreement.
The tenderer was to make payment of UGX Twenty Million (20,000,000/=) monthly, exclusive of taxes.

(Copy of the agreement attached.

as Appendix Subsequently, on 4th June 2001, one year into the contract, Kampala City Council subleased the same property to M / S Basajjabalaba Hides and Skins Co. Limited at a premium of UG six hundred million (600,000,000/=); a going concern of UGX Nine hundred million (900,000,000) and Annual ground rent of UGX Two million nine hundred seventy five thousand .
(2,975,000/=) for 49 years starting 1St June, 2001.

Except for V V the payment of premium and initial ground rent, the sub lessee has since not paid the outstanding balance of UGX 450,000,000/ - going concern and groun.d rent to-date.

The failure to pay was attributed to the continued failure by KCCA, the Sub 2- MAD Lessor to assure the Sub Lessee of vacant possession.
M / s Basajjabalaba was dispossessed by City Abattoir Traders Development Association (CATDA), who have since then been allowed by KCCA to operate on the Sub leased property.

Under paragraph 5 of the sublease agreement Basajjabalaba Hides and Skins Co. Limited was supposed to "construct an ultra- modern slaughter and meat handling facility" (Sublease Agreement attached as Appendix "B").

But the construction was frustrated by the illegal and forceful takeover of the facility by CATDA.
It should be noted that City Abattoir traders Development Association.

Limited (CATDA) contested the sublease to Basajjabalaba Hides and Skins Co. Limited.

However, Ba.sajjabalaba.

Hides and Skins Co. Limited is currently the registered proprietor in respect of the sublease and the said sublease is still subsisting.

The allegations of irregular/secret award of the lease have never been a subject of adjudication in court.
They (CATDA) contended that this was against the government policy of tendering markets and parks to sitting tenants who derive sustenance from such government facilities.

We noted, however, that there was no law preventing KCCA from subleasing the property to Basajjabalaba Hides and Skins Co. Limited.
The alleged irregularities therefore did not onstitute illegalities and cannot affect the interests of the Sub lessee, Basajjab al aba Hides and Sko3 Limited 3.2 Change of Hands, from BHS Ltd. to Dan Kwatampora Katarihwa, then to CATDA M/s i3asajabalaba H.ides an ins Co. Limited with consent of KCC assigned its sublease interest to a one Dan Kwantampora Katarihwa on the 25th of March 2003.
Information received by the Committee indicated that at one time, Basajjabalaba Hides and Skins Co. Limited attempted to evict the traders from the abattoir and hand it over to Dan Katarihwa Kwatampora who is alleged (albeit without evidence) to have wanted to change land use from an abattoir to a bus terminal - Travellers Coaches Limited, which action was resisted by the traders.

When traders resisted the eviction, Dan Kwatampora Katarihwa instituted Civil Suit No.
355 of 2011 against Mr. Erias Lukwago and 17 Ors in the Lanti Division of the High Court at Kampala on 23rd September, 2011 and got an ex-parte interim order givinhim management of the City Abattoir and slaughter houses thereon.

The applicant also on the-same day filed Miscellaneous Application No.

636 of2011 for a temporary injunction, as well as Miscellaneous Application No.

637 of 2011 for an interim order of injunction.


He even sought police clearance to take over the abattoir but traders still resisted.

(Copy of the plaint attached as Appendix 'C") On the 23rd December 2011, traders under their "umbrella" organization of City Abattoir Traders Development Association Limited without authority by KCCA evicted Basajjabalaba Hides and Skins Co. Limited/Dan Kwatampora Katarihwa and tool over the management of the City Abattoir.
That action was illegalt \ In response to Dan Kwatampora.

Katarihwa's suit, the abattoir traders filed a written statement of defence with a counterclaim challenging the manner in which the property was subleased to Basajjabalaba Hides and Skins Co. Limited.
(Copy of Statement of defence attachr - vr Before the hearing date for the counterclaim, new developments arose wh.erein Pan Kwatampora Katarihwa, who was also a defendant to the counterclaim entered into a consent judgment with Basajjabalaba Hides and Skins Co. Ltd in Civil Suit No.

115 of 2014.

Whereas Dan Kwatampora Katarihwa withdrew his Civil Suit No.

0355 of 2011, the respondents counterclaim was subsequently dismissed with costs.
This is evident from their own application for re-instatement of the dismissed suit, which has never been allowed and until it is allowed, there is no valid counter claim subsisting on court record.

(Copy of the Application attached as AppendLx "E").

Given the dismissal of the Respondents' Counterclaim, the ownership of the property by Basajjabalaba Hides and Skins Co. Limited is not in question.
Information received by the Committee indicated that CATDA is a C,ompr.i .i.iftited by Guarantee and was incorporated on th day of April 2011 with nine members.

In November 2015, Board of Directors resolved to increase membership from nine (9) to one thousand three hundred seventy one (1371).

Copy of the Certificate of .
Incorporation, Memorandum and Articles of Association, Particulars of Directors and Resolution attached as Appendix "F 1,2,3 &4' Further, during investigations on the status of Ulty Abattoir by the Committee, it came to the attention of the Committee that the certificate of title where the City Abattoir is located is among the properties that were returned to Buganda Kingdom by the Govrnment of the Republic of Uganda and the land is now under the control of the Buganda Kingdom and managed by the Bug@n.da.
Land Boar, e Reti.irn of the ti es owever did not 44-11 legally affect existing interests in favour of KCCA and the Sub lease - Basajjabalaba Hides and Skins Co. Limited.

The Sub lease could not have been in error when at the time the land was sub leased, it had not reverted to Buganda Kingdom.

It only means that KCCA remained a lessee, the Kabaka of Buganda, the lessor and Basajjabalaba Hides and Skins Co. Limited the sub lessee.
The return of the titles was not intended to nullify all previous and substing transactions in respect of the affected land.

Copies of correspondences between Chief Executive Officer, Buganda Land Board and Chairman Kampala District Land Board are attached as Appendix "G 1&2" 3.3 Prevailing Situation When the committee interacted with the traders, allegations of harassment and charging of exorbitant fees by Basajjabalaba Hides and Skins Co. Limited were pointed out as the trigger for the agitation.
The committee noted that fees would be levied and charged to traders without the approval of KCC(A) contrary to The Local Governments (Kampala City Council) (Meat) Ordinance, 2006.

Information received by the committee further indicated Basajjabalaba Hides and Skin Co. Limited had trans:ferred sublease interests to Dan Kwatampora Katarihwa, subsequently had the same retransferred back into the na Basajjabalaba Hides and Skins Co. Limited under the terms of the consent judgement.
The assertion that Basajjabalaba Hidesj\JJr and Skin Co. Limited remained in full control and management of City Abattoir including the collection of revenue at the time Dan Kwatampora Katarihwa was registered cannot be true because Dan Kwatampora Katarihwa did not t9k over th management of the abattoir at any single moment.
CA The Committee made a fact finding visit to the abattoir and found out that the place is no longer solely functioning as an abattoir but a market with kiosks and merchandize including but not limited to food, drinks, groceries and meat itself.

Important to note is that whereas CATDA is collecting revenues from the abattoir, they are nei.ther the.

registered lessees nor are they remitting any revenues to KCCA since the takeover in December 2011.
Reports indicated that there was unregulated levying and collection of dues by CATDA that required the attention of KCCA.

On the contrary, KCCA abdicated its, responsibility in regard to the management of the abattoir because to them the abattoiris a private property that belonged to BHS Co. Limited.

KCCA had completely pulled out even on matters of public health.
The Committee was intimated that the CATDA asked KCCA to determine the amount to be collected as requirements of The Local Governments (Kampala City Council) (Meat) Ordinance, 2006 to which they received no reply.

CATDA claims that the only fees collected are used for the day day running and management , of the abattoir and payment utilities.
Their expenses include but not limited to cleaning, garbage collection, painting and maintaining the abattoir and its structures in good repair and condition, machine repairs, welfare of the traders, fuel for the standby generator, salary for workers, firewood for burning condemned meat, security, stationery and promotlrate.
3.4 Government Policy cI Markets and Similar Government Facilities - - On the 28th of October 2014, the then Minister in charge of Kampala Capital City Authority directed that KCCA takes over the City abattoir and purchases the sublease - residual interests of Basajjabalaba Hides and Skins Co. ltd. (Letter is attached as Appendix "M").

In an effort to implement the Hon.

Minister's directive, a memorandum of understanding (M0U) was entered into between KCCA and BHS Co. Ltd. on 13th November 2014.
The duration of the memorandum was put at 8 months from the date of the execution of the memorandum of Understanding (copy of MoU attached as Appendix "N") wherein it was agreed that KCCA; Takes over the management of the abattoir Purchases the sublease - residual interest of BHS Co. Ltd. subject to a confirmation of the availability of funds to compensate BHS Co. Ltd.

In pursuit of the said MoU, BHS Co. Ltd. set the value of their residual interest at UGX 85.4 billion.
In her letter dated 1t June 2016, the Executive Director KCCA requested the Chief Government Valuer to value the residual sublease interest of BHS Co. Ltd. for compensation purposes (copy attached as Appendix "0 1&2").

 4".

 1~- The Chief Government Valuer in his letter dated 6th J ul: recommended that KCCA nominates an Accounting Firm to the compensation sum.

At the time of writing this report, t. had not been procured by the authority claiming lack of ft carry out the procurement.
Note however that the au continued to lose funds - in excess of UGX 490,000,000 p It is imperative to note as.

well that given KCCA's 'purported' lack of funds to engage an accounting firm to review the demand br compensation by BHS Co. Ltd. of UGX 85.4 billion, the MoU signed in 2014 lapsed due to the fact that it had a duration of eight (8) months for implementation.
Press reports indicated that the President of Uganda held a meeting with all members of the informal sector on 27th March 2016 at State House Entebbe where the issue of City Abattoir was discussed and that the president directed that: The City Abattoir be repossessed by KCCA and tendered out to the sitting tenants to manage it in accordance with his earlier directive that sitting tenants should be allowed to manage and develop land where they work from.
KCCA should determine the reasonable rates to be paid by the tra.dersin accordance with the law.

In the pursuit of the presidential directive, CATDA Lt management in its letter dated 27th July 2016 wrote to KCC requesting it to put into effect the presidential directive.

(Copy o the letter attached as Appendix "H').

In our view, effecting the ?

Presidential directive necessitated termination of the Sub lease in favour of BHS Co. Limited.
That would in itself amount to compulsory acquisition, which in effect would entitle BHS Co. Limited to fair and adequate " Police Involvement in the Abattoir he Committee got con .

,Ing information to the effect that ,.

police was #ing with 0 fl4t9& f the parties td.the conflict.

The IGP 97. was then invited and appeared before the Committee.
In his submission, it was stated that: The conflict in the management of the city abattoir attracted the attention of police in 2011 when the traders protested against the increased dues by Basajjabalaba Hides and Skins Co. Limited.

In an effort to avert the bloodshed that was bound to happen according to police, they started (police) engaging the parties that were involved in order to resolve the conflict amicably.

A number of meetings were held at police headquarters where Hon.
Nasser Basajjabalaba represented BHS Co. Limited.

Subsequent to these meetings, on 19th October 2011, the Inspector General Police (IGP) wrote to the Executive Director, KCCA informing her of what the meeting had resolved, particularly that KCCA should play its role in determining the dues payable.
(Attached Appendix "I") The Director Legal Affairs, KCCA on 13th Nov. 2011 wrote to IGP in response to his letter and clearly expressed KCCA inability to determine the rates payable by the abattoir traders and that the challenges faced in the management of the facility could be best managed by Courts of Law and he implored police to maintain law and order in the abattoir.
(Attached as Appendix '\1 \ 'IN o s The Committee was further informed that in an effort to avert the situation of lawlessness, the police had to step up its deployment around the abattoir.

Information availed to the Commi indicated that as the mediation efforts were yet to bear fruit BHS Co limited, on 22nd day of September 2011 went ahead to close the abattoir and cut off water and electricity claiming that 01 the facility had allegedly changed the user-ship.
This actiof thetrars who çnt onademorra Ø opened the locked gates and gained entry into the abattoir forcing management of BHS Co. Limited to flee: Police managed to calm the situation without any bloodshed and status quo to remain.

It should be noted that earlier on the 4th day of August, 2011, CATDA Ltd. had petitioned the Executive Director, KCCA over mistreatment and disrespect at the abattoir.

The said petition was referred to the Lord Mayor by the Executive Director.
In his letter dated 71h September 2011 to the Chairman CATDA Limited, the Lord Mayor had agreed to visit the abattoir on the 22nd day of September 2011, the day the abattoir was broken into.

Letter from CATDA and Lord Mayor attached as Appendix "K 1&2" The Committee noted that Police got involved in the matter for purposes of stopping the demonstration which could have led to destruction of property and loss of lives.

The police had earlier been asked to maintain the status quo as ordered by court.
Police informed the Committee that towards the end of 2011, a group of armed people at around 0200hrs attacked the abattoir from the eastern side but were repulsed by the police who were on patrol and this led to the arrest of 8 persons w upon 'interrogation, by police claimed that they were sent Nasser Bassajabalaba.

The arrested were charged before Nakawa.

Court.


At the same time, it is alleged that Dan watampora Katarihwa stormed the abattoir with a group of mascular men popularly known as Kanyamas" to forcefully take over possession of the abattoir.

These incidences informed the police of the security sensitivity of the area and the need to / .beef-up the security around the abattoir.

 .

.6 CATDA'S Relationship with.


KCCA with concern tha i 23rd December 2011 to the time of writing this report, KCCA had had no contractual relationship with CATDA and yet BHS Co ltd, had not fully complied with its contractual obligations citing non- contractual performance through frustration resulting from forceful takeover by CATDA.
It should as well be noted that following forceful takeover of the abattoir by CATDA, Dan Kwatampora Katarihwa sued Basajjabalaba Hides and Skins Co. Limited and on the 21st May 2014 court awarded Dan Katarihwa UGX One billion five hundred million (1,500,000,000/=) on condition that he surrenders his interests in the sublease to M / s Basajjabalaba Hides and Skins Co. Ltd. (Court Decree attached as Appendix 'L").
3.7 Basajjabalaba Hides and Skins Residual Interest in the Sublease During interaction between the Committee and CATDA, the latter informed the former that they are not willing to let go the facility given the presidential directive.
The Committee observed that reconciliation between BHS Co. Ltd. and CATDA is next to impossible because the latter had enjoyed full powers and protection from the state with little o no expense, coupled with the fact that Mr. Hass Basajjabalaba informed the Committee that he had los - interest/zeal into the management of the abattoir.
The police also informed the Committee that in order to have a. win - win situation, the abattoir should be left to the management of the traders and Government buys off the residual interest of BHS Ltd.

This is line with the presidenti directive given to the Minister of KCCA that was presented to the Committee.
ç4JJJ 13- 3.8 Challenges - Salient Issues M / s BHS Co. Ltd. inability to comply with the terms and obligations of the lease agreement were caused by the Lessor (KCCA)'s failure to guarantee possession.

M/s BHS Co. Ltd could not be tasked with continued payments when it had been dispossessed from the property.

The conditions imposed by the Sub lease could only be enforceable and implementable if M / s BHS Co. Ltd retained possession.
M/s BHS Co. Ltd was thus denied the right of possession of the leased premises and KCCA, the lessor took no positive action to cause the eviction of the traders.

Thus owing to the disputes between the various conflictin parties namely BH.S Co. Ltd., KCCA, CATDA and the Police, respect to the management of the Abattoir, both KCCA and BH Co. ltd. did not realize the anticipated revenues.
6~~ On visiting the abattoir, the Committee found the abattoir operating in a grossly unhygienic environment state that even KCCA accepted to have become impossible for its Public Health Sanitation Officers to supervise.

Whereas CATDA ailows meat inspectors to visit the area and carry out their duties, due to the fact that meat cannot be sold anywhere without KCCA's approval, the reverse is true when it comes to issues of Public Health.
Failure by KCCA Public healt.h Officers supervise the hygiene of the place left the Committee wondering wheth4 *64meat.

is not contaminated and therefore unfit for human consumption In addition, there is a subsisting sublease with BHS for 49 years ' wlich made plot 1 an d 3 a. p/ite property to which KCCA c].airned prevented thi fronfi1AJfees chargeable under the 14- V , circumstances.
4.0 Recommendations a) The Committee recommends that KCCA revives the MoU that was entered into between KCCA and BHS Co. Ltd. on 13th November 2013.

This will place back the ownership of the abattoir in hands of KCCA who in turn can tender it out to the sitting tenants, in line with the Presidential directive/policy on Markets and common user facilities where thousands of urban poor earn their living.
The corrirriittee also recommends that KCCA should with immediate effect determine the fees payable by CATDA in accordance with the Ordinance highlight above.

KCCA should as well start supervising the abattoir in line with its public health obligations.

It is also recommended that KCCA management shoul.d with.

immediate effect earmark funds to purchase BHS Co. Ltd. residual interest in line with Article 26 (2) of the Constitution of the Republic of Uganda.
It is as well recommended that within a month of ad.optin this report, KCCA Management should bring to book s officers who may have renegaded on their responsibilities of supervising the abattoir, that led the abattoir degenerating hygienically and turning into a market' place of sort.

It is also recommended that the police should maintain its constitutional duty of preventing crime and ensuring law and.
order at the abattoir until the, issue of management and ownership of the abattoir is sett/e4y KCCA working with the na--41A:(2 parties it had entrusted to manage the abattoir and the sitting tenants.

5.0 Conclusion It would be unfair for a nation with a policy of promotion of "the local 'content" to turn around and frustrate her local entrepreneurs.

It is incumbent upon the Government to compensate BHS Co. Ltd fairly and to have thousands of the vendors interests in the facility protected.

Rt.
Rt.

Hon Speaker and Hon.

Members, I beg to report.

Page 13 of 13 -Vz~, -- ~, 0 it- COMMITTEE ON PRESIDENTIAL AFFAIRS MEMBERS' SIGNATURE LIST , 1 —9 m I awal w I " isol ' ill im 17- p (A) .CONTRACT TO MANAGE THE CITY A.BArITTOIR ON PLOT 1-3 O1JD pQRrIlB1iI ROAD BETWEEN KAMPALA CITY COUNCIL AND MIS BASAJAIALABA HIDES AND SKINS CO. LIMITED MARCH 2000.
U (\) ibA Fl IF: REPUBLI.0 OF UGANDA ACPEMENT FOR MANAGEMENT OF THE CITY ABA11'IOR 2k- This AGREEMENT s made the ... .......... ................... dy of .-......2000 BETWEEN KA.1\1PALA CITY COEJNC[L OF P.O.

Box 7010 Kampala (hereinafter called "the Council") of the one part, l/S BA.SAJADALABA hIDES AND SKINS COMPANY LIMITED (BUS) of P. .0.

BOx '1039 Kaiipala.

(hcreinafIr called the "the Contractor") of the other part.
\Vfl EkEAS (I) The Council is required to provide and manage slaughter houses or abattoirs in tile City, and therefQre Council has proiided the City Abattoir (hereinafter called the fhcility) situated on plot No.

1-3 Old Port'13e11 Road and WhEREAS the Couci1 can contract out the management such facilities and, WHEREAS the Cntractor has accepted to provide the management services in the facility in accordance with the provisions of this agreement and the general conditions of the Contract attached.
NOW THEREFORE IT IS AGREED between the Council and the Contractor as folows:- The Council Jets out the Inanagenlent of the facility situated on Plot No.

-3 Old Port Bell Road and the Contractor takes it tip on the terms and conditions provided in this Contrt and the Geera1 Conditions hereto.

(i) The Contract to manage the facility shall be for a period of S years, renewable, provided the Contractor continues to fuiiuifl the conditions in the agreement.
(ii) The Contract shall be effective from the 1st day of March 2000.

The Contract shall be reviewed at the expiry of every twelve months for purposes (I) (ii) estabijthifg the standards of the management confirming compliance with the terms and cdnditions of the Contract, (iii) verifying and or ainending any of the terms or conditions to bring them in confoi-rnity with the situation as at the time of review.
Th Contractor shall provide the service in accordance with the provisions of this Contrast and to the satIsfaction of Council.

The Contractor shall make the following monthly payments separately: (I) a Contract Sum of UShs.20,000,000/=(Shillings Twenty Million only) in the names of Kampala City Council, (ii) the Vahie Added Tax.

in the names of Uganda Revenue Authority.


Notwithstanding the provisions of termination in the General Conditions the Contract may be terminated by either party giving.another three months notice of its intei'ilion to tertninatthe same.

IN WITNESS WHEREOF the parties here affixed tIeir respective hands and Seals the day andyear uii'st above.written.

The Common Seal of Kampala C, Council was lierunto affixed In the Presence of MAYOR TOWN CLERK U.
'The Common Seal of ) MiS BASAJABALABA HrDES ) AND SKINS COMPANY LTD ) (MIS) was hereunto affixed in ) ................... MANA G DIRECTOR In the Presence of: ) ................... SECREXRY PREPAl1i BY: KAMPALA CITY COUNCIL CITY ADVOCATES CHAMBERS.
MANAGEMENT OF CiTY ABATTOIR G1NERAL CONDITIONS 0 E FENITIONS AND INTERPRETATIONS: hr these conditions and in the Articles of Agreement, except where the conte,ct othewise requires the following expressions shall have the meaning hereby ascribed to them: I "Authorised Offic" means the PCISOfl defThed in condition 3 1.2 'Conimencement Date" means the Date stated in the schedule.

1.3 .

"Conditions" means the conditions of contract including the schedule.
1.4 "Contract" means the agrenent entered into between the Council and the contractor embodying the artiôles ofAgrement, these conditions and the other documents listed in the Schedule, 1.3 "Contract Documents" means documents comprising the Contract.

1.6. .

"Conftactor Manager" means the representative of the Contractor appointed .pursuant to condition 9.

1.. 1.7 1.8 "Cantract Period" means the period stated in the schedule starting on the commencement Date.
The "Contract Star ard" means such standard as complies in each and every respect withal!

relevant 1 rovisions of the Contract, where and to the extent that no criteria are stated in the Contract the standard is to be to the entire satisfactior of the authorised officer.

9 "Council" mean the Kampala City Council or any successor thereo 10 "Schedule" means the schedule l;ereto.
H 12 13 eference to the employees of the Contractor shall be deemed to include the Contractor's agents and sub-contractors unless the connect otherwise requires.

The Contract shall be governed by, and donstruéd in accordance with the Laws of UgandA.

Rference.to any Ai of Parliament or to any other regulation, Statutory instrument or the like shall be deemed to include a reference to any amendment or re-enactment of the same.
' 4 "R"emises' mcans th area covered by the City Abattoir located on Plot No 1-3 Old Port hell Road I .

5 2 2 i "Service" means the Management Control and Maintenance of the City Abattoir.
VA flIATION OF CON D [lIONS Following the formation ofa binding agreement no deletion from, addition to,or vaiatictn of the conditions shall be valid or of any effect in]ess agreed upon in writing and signed by the part:es.

.3 AUTHORTSED OFFICER 3 I .

The.

Authorised Officer shall be the person named by theTown' Clerk or the Chief Officer of the relevant department of the Council or such representative appointed by the tãunciI to act in the nane or the Council for purposes of the Contract.
32 The Comncil shall' forthwith give notice in writing' to the Contractor of the replacement of.

the Authorised Officer or if any person ceases to be the Authorised Officer.

I)ONDS AND GUARANTEES LI 2 - The Contractor shall provide a bond in the form specified by Council from a viable financial institution acceptable to Council.
If the Contractor is a subsidiary Company within the meaning of the Company's Act it s'h also provide a Guarantee in form specified by the Council by its holding Compiny or Companes to secure the due payment by tho Contractor of the Council dues.

•5.'

QQNTRACTORS OBLIGATIONS 5.1 Provision of the Service Durirg the Contract 1eribd the Contractor shall provide the service in a proper skilful and wokman!jke manner, t th Contract standard and to the entire satisfaction of the Council.
51.2 All o w to inspect preftiises The Contractor shall at all times during the Contract period allow the e-\uthorised Officer and such persons as may from time to time be nominated by the Authorised Officer access to the premises, for the pirpoe of viewing and monitoring the.
provision of the service.. I 3 Ujof Premises The Contractor shalt not in any circumstances use any part of the premises either on its ehalf or on any other persons behallother than Council for any other work other than what is provided for in the Contract, or in any manner likely to cause a nuisance Th premises shalt be used for the slaughter of the foltowing animals cattle goats sheep and the managing'oftheby-products from the said animals as stipulated in this contract.
- 5.1.4 The Contractor slaIl ensure that no animal other than those accompanied by a valid permit-issued by the Veterinary Depai-tment and intended to be slaughtered, shall be allowed in t.he'premises.

The animals must be in the premises at least 12 hours before .they ane slaughtered.

5 I 5 The Contractor shall not ailow any diseased or condemned animal or their carcasses or meat to be exposed for sale at the premises.
5.1 6 ConveyjQgoi carcass from premises ie Contractor shall ensure that any carcass or part of a carcass intended for human consumption sh.

fl not be carried or conveyed from the premises in any vehicle or by any' means, unless such vehicle or means are approved in writing by the Council.
5.1.1 0u1 or omission hindering provision of service If the ContractOr at any time becomes aware of any act or omission or proposed act or omission by the Council or by any other person which prevents or hinder or may prevent Or hinder the Contractor from providing the sei'ice in accordance with the tertns of this Agreement,.

the Contractor or the du'ly Authorised Officer shall forthwith inform' the Authorised Officer of the oiinci1of the said act.
•The provision of such information under this sub-paragraph shall in any wiy release or excnse the Contractor from any of the Contractor's obligations.

not 5.2 5.2 iynjenijyjhe Contractor ihe Contractor sha pay all the Contract Sum at the time and in the manner provided in the agreemc'nt.
5.2.2 The Contractor shall pay all the utility bills at the preiiises including but not limied:to: (i) '(ii) (iii) electricity/power bills water bills telephone bills 3 5 23 The Contractor shall pay all the employees in and about the service, their wages and saftH; and any other rci1ncrations to which they are entitled by any law applicable 5.2.4 The' Contractor sals pay and obtain all hcences and permits that are required for the carr-ying out of Llieservic.
5,2.5 .The Contractor shall pay all Government Taxes in the manner stipulated by the e, stablisfied law .

53 CONDEMNED MEAT AND BY PRODUCTS 5.3.

I Cobdemned Meat The Contractor shall destroy all the condemned meat by incineration or any other nethod approved by the Council 5.3.2.
By Products The by products which shall include (1) (ii) (ii) (iv) hides and skins lI,OIT5 hoovef; blood shall be hnd1ed, treated and kept in separate stores and finally disposed of from the premises in such a way as not to cause a nuisnce.

5.3.3 EfflUent The Contractor shall provide primary freatment of effluent which shafi consist of screening solids 'and removing facts by hand.
In the secondary treatment the effluent shall be directed to a second pend where it will undergo Boichemical oxidation • Sanitation on the Premises Sil.

1 ' e Contract,or shall provide and maintain Sanitary conditions at the Abattoir to the satisfaction ul ic Landlord and this shall include: (i) to ensure that water under adequate prssure is distributed to all'parts ot'the premises that shall be in operation (this s i liall be done between February and ApnJ 2000).
to ensure that hot waler premise's Shall be in operation readil available at all times durinu the hours the (ii) to repair aiìd put in proper use all toilets at the premises and to ensure that ihe are at all times during the Contract period functional, and (iv) provide bathinglwashing facilities for employees enganged in slaughtering.
5.4.2 The Contractor shall maintain the premises in clean and hygienic conditions in compliance with the Public Health Act and Regulations, to the satisfaction of the Larrd throughout the Contract period and shalt in particular: 54 21, LA.I.RAGE in connection with the LAlP\.GE, (i) expand the lairage, • (ii) repair the lurage.f1our a.er troughs and layranks to ease cleaning, (iii) repair •the lairage water svsleni, (iv) roof the lairage reception.area (v) install a wighbridge in the laii'age All this must be clone between March and June2000.
5.4.2.2 jghter_Hall [hconnectiori wit.i the SLAUGI-IER [-LALL 'The Contractor shall repair and maintain the Slaughter Hall as follows: (I) repair the 'rails, so that all carcass move freely from slaughtering rooms through inspection rooms to the display room.

provide fa.cilitie.

for dressing to be done ob the hook.

provide adequate lighting and ventilation throughout the slaughter hail.

facing the walls ofthe slaughter hail with a smooth, and impervious material which is not absorbent.
(v.) Construct an extenuiori for carcass display to the businessmen and to the general public; with glass windows to separate the public from the carcass room to avoid meat contamination.
5 (vi) Provide sufficient cold s.orage or construct cold room Facilities 5 5 Tools and Equipment 55.1 The Coiitractor shall for purposes of ensuring propei and hygienic slaughtering provide the Following equipment in the slaughter hall: (I) Horn and leg cutters Rehiriders Carcass sphttirtg saws Breast and bone sw The above tools and euipment shall be regularly sterilised to maintain proper standards oF hygiene 5.6 Qutbreak of Epiideniic 5.6.
1 In the ever; ai outbreak ofa disease of an epidemic nature, the Contractor sh .compty with and carry out such regulations and order, and reuirement respectiv&y, as may be made by the Central Government, or.the Council for (he purpose of dealing with and overcoming the epidemic.

5.7 Disposal 5.7.

I All Waste generated from the provision of the service shall be disposed olby the Contractor in compliance with the laws applicable.
5.7.2 The Contractot shall not keel) any waste at the premises so as to cause obstruction or a Public I-Iealth nuisance.

 .

.5.7.3 t7flie following by products: (i) (ii).

 iii) (iv) liids and skins ho iris hoov blood Shall be seperately kept in their Stores before they are handled, treated and disposed.

of off the premises in such a way as not to cause a nuisance.
S.8 The Contractor shall maintain and keep in working condition all the facilities at the premises 6.

 6.1 TIlE COIJNC[LS OBLiGATlONS The .Council shall be responsible for monitorin g the provision of the servece for purposes of ensuring that the service is up to the Contract standard and that.

all Laws, Bye-Laws and or Regulations are observed by the Contractor, 6.2 To maintain the infrastracture in the premises.
This will include: All tiiose buildings and or stUctures constructed in permanent form and forming part of tl ie abattoir.

6.3 iii3ension_ofConc.,i, The Ajithorised Officer shall be epipowered to suspend the provision of the service or part thereof in the event of non-compliance by the Contractor with any health requirement under this Contract or with the Contractor's obligations and safety matters, as provided in the Contract.
- The Contractor shall not resume provision of the service or any part until the Council is satisfied that non-compliance has been rectified.

JOINT OBLIGATIONS 7.1.

 • Tlie Contractor in consultation with the Council shall carry out repairs and improvement on the premises as stipulated in the Contract.

7.2. .

 • Contractor together with Councils authorised officers ha1l maintain law and order in•the premises during the official hours of operation.
.. C.QNTRACT01S EMPLOYEES 8.

1 .

.

The Cpnfractor shall e'mploy sufficient persons to ensure that the service is provided at all times and in all respects to th contract standard.

 .
.

8.2 The Contractor shall employ in and about, the provision of the service and shall ensure that every person so emplcyed is at all time properly and sufficiently qualified, competent, careful, skilled, honest, experienced, instructed and supervised as the case may be with regard to the service and in particular.

8,2.

1 The task or tasks such a person has to perform.

8.2.2 All relevant rules and provisions of the Contract.
'8.2.3 All relevant policies, rules, procedures and standards of Council, 8;2.i All relevant rules, procedures and statuto' requirements concerning health and safety at work.

 , .

25 Fire •risks and fire preca.iLions 8 2.

8.3 8.

'l S. 9.

 9.1 The need to ecögne situations which may involve any actual or potential danger or personal.injury to any person at the location where possible without personal risk.
To make safe such sitLmations and forthwith to report such situations to the Authorised Officer or in the event of eniergency to the member of the Council staliwith responsibility for the locatidn.

The Council shall he entitled but not unreasonably or vexatiously to require the contractor, by notice in writing, to remove from the provision of the service any employee of the Contractor specified in such notice.
The Contractor shall forthwith remove such employee from the provision of the service and shall immediatly provide a replacement if necessary.

the Council shall M. no circumstances be liable either to the Contractor or to The employee in respect of any liability, loss or damage occasioned by such removal.
Save as expressly provided in this agreement, the Contractor shall be entirely responsible for the employment and conditions of service of the Contracto's employees TIlALTFI.1Ui'D SAFETY OF EMP1.OYEES The Cc.intractor shall ensure that all employees at the premises undergo regular medical examinations at least twi...e a year to determine the health status.

Every employee shall be in possession of a valid medical certificte of fitness at all.

times.
times.

9.2 All employees shall wear protective clothing which shall include but not be limited to: protective headcover gumboots White overalls of washable rnateriaVVThite linen suits (uniforms) • (iv) Water proof approns (v) Slaughters .glove 9.3 9.4 9 5 .ne Contractor shall provide First Aid facilities at the premises with staff to manage it.

•The Coitractor shall at all times comply with the requirements of the Public Health At and any other.
Acts ; ,.Regulations or Orders pertaining to the Health and Safety of emnplcyees.

 ,.

 .

 .

 .

The Aurhorisëd Officer shall be empowered ro suspend the provision of the service or Iart thereof in the event, of non-compliance by the Contractor with Health and Safety requirements or with its iga1 duties in health and safety matters.

The Contractor shall not resume provision of the service or any part until the Council is satisfied that non- compliance has been rectified.
10 CONTROL AND SUPERVISION OF THE CONTRACTORS EMPLOYEES 10 I The Contractor shall appoint a Contract Manager empowered to act on behalf of the Cohtractor for all purposes connected with the Contract, Any notice, information, instruction or other communication given or made to the Contract Manager, shall be 'deemed to have been given or made to the Contract Manager and shall be deemed to have been given or made the Contractors.

10.2 .
10.2 .

The Contractor shall t'orthwitli give notice in writing to the Authorised Officer of the identity, address and telephone numbers of the per,son appointed Contract Manager or duy authoriseci dput' and of any subsequent appointment.

103 TheContract Manager or duly authorised deputy shall consult with the Authorise& '.Qfficer.and with such other person of the Council Staff as may from time to time he.
specified by the Autliorised Officer as often as may be necessary for the efficient prOvision of the set -vices in accordance with the terms of this Contract.

10.4 The Contractor shall provide a sufficient complement of supervisory staftin addition to the Contract Mi'.nager, to ensure that the Contractors staff engaged in and about the pro.vision of the services at the premises at all times are adequately supervised and properly perform their duties.
10.5 The Contractor shall ensure that its employees perform their duties in an orderly manner and in as quiet a manner as may reasonably be practicable having regard to the nature of the duties b&ng performed by them, 10.6 ' Employees of the Contracior shall carry at all times identity cards supplied by the Contractor, in form approved by the Council.

0.7 .
0.7 .

The'Contractor shall requ.i.ce its employees at all times whik engaged in the provision of the •service to be properly and presentably d'Fessed in accordance to the Contract standards.

 ' 10.8 When requested tó do so any ernpldyee of the Contractor shall disclose his/her identity and 'status as an employee of the Contractor and shall not attmpt to avoid doing so.

II.
II.

 ST:iIFTRA[NING The Contractor shall oIler regular training opportunities on the meat code and good meat handling practices for the employees especially those carrying oui slaughtering wOrks.

 STAFF AND OPERATIONAL RECORDS 12.1 The Contractor shall maintain current and accurate records of all employees who are or who are to be engaged inconnectidnwithi, based at, or provide the service at each loôation.
These recor'dsslia1l include employee attendance and shall differentiate between those engaged as operatives kind those exercising supervision.

Those records shall reasonable times.

Open for inspection by the Authoried Officer of his/her representative at all 13.
LGENCY 13.1 Neither the Contractor nor its employees shall in any circumstances hold itself or themselves out as being the servant or agent ofthe CounciL 13.2 Neither the Contractor not its employees shall in any circumstances hold itself or tbemse!ves out as being authorised to enter into any Contract on behalf of the Authority or in any other way to bind the Council to the performance, variation, release or discuiarge of any obligation.
13.3 Neither the Contractor nor itsmp1oyee shall in any circumstances hold itself or themselves Out as having, the power to make, vaLy, discharge or waive any by-law or regulation of any kind.

14.. rNEMNJ:Ty 14.1 The Contractol' sha!


indemnify and keep indemnified the Council against the injuiy of any person, and kss ofr damage to any property including property belonging to the Council, except, and to the extent• that it may arise out oftheact, defaultor neghigence ofThe Council, its employes or agents not being the Contractor and except as aforesaid against all action, claims demands, proceedings, damages, costs, changes and expenses whatsoever in respect tliereof or in relation thereto.
14.2 The Authority shall indemnify and keep indemnify the Contractor against the injuly to or death of any person or loss of or damage to, any property including property belonging to the Contractor to the extent that it may arise out of the act, default or negligence of the Council, its employees or agents other than the Contractor, its employees and agents and against all actions, claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.
- 15.

OBSERVANCE OF STATUTORY RFQ.UIRE 15.1 Th'Contractor shall comply with all statutory and other provisions to be observed and performed in conéction with the service and shall indemnify the Authoity against all actions, claim demands, proceedings, damages, costs, charges and expenss whttsoever li respect of any breach by the Contractdr.

15.
15.

SECTIRJTY O1U)ER 15.1 • The Contractor shall at all times take all reasonable precautions to prevent any iinlawful, riotous or disorderly conduct by or amongst its employees and for preservation of peace, and protection of petsons and property onthepremises and its neighbourhood.

.

 ...

The Contractor shall provide security services at the premises to ensure the safety of the people/animals and property.
15.3 The premises shall be properly fanced off by the Contractor, by May 2000, ASSTGNMFINT AND SjJB-CONTflACTJN 16.1 The Contractor Shdll not: 16,1.1 Assjgn the Contract or any pan thereof for the benefit or advantage of the Contractor or any part thereof.

16.1.2 Sub-contract the provision of the service or any part thereof to any perspn without the previous written c,onsent &'the Council, which consent shall be in the discretion of the.
Council, and if given, sha'11 not relieve the Contractorfrom any liability or obligation finder the contract and the Contractor shall be responsible for the acts, defaults or iegIect of any sub-contractor, its employees or agents in all respects as if they were the acts, defaults or neglect of the CQntractor, its employees or agents.
IEItMINATION - 17.1 Tbis contract shall be terminated if the Contractor:- 1 7.1.1 Commits a breach of any of its obligations under the Contract and fails to rectify it Oee due notice.

 .

17.1.2 Has a winding-.up Order made, or (except for the purposes of amalgamation or .reconstruction) a resolution for voluntary winding up passed.

17.1.3 r-i provisional liquidator, receiver or manager of its business or undertaking duly appointed.
11,1,4 Has possession taken by or on behalf ofthe holders of any debentires secured by a floating charge, or any property comprised in, or subject to, the floating charge.

1 ' : Is in the cirurnstances where the Court or Creditor have appointed a receiyer, a manager, or administrative receiver, or where the Court has made a winding-up order.
.17.2 173 If the Contractor's services,areterminaed as provided in condition 17.1and is not refr.stated, the Council shall be entitled to hire other persons to provide the service or any part thereof.

The rights .ofthe 'Council under this condition are in addition to and without prejudice to any other rights the Council may have whether against the Contractor directly.

or, pursuant to an3/ guarantee,, indemnity or bond.
NOTICE 18.1 Any demand notice, or other communication required to be given hereurider shall be sufficiently served personally on the addressee, or if sent by registered pre-paid mail to the registered office or at the last known address of the party to be served ,therewith.

and if so sent shall be subject to proof to the contrary,.be deemed tohave been re'cived by the addressee.
WAIVER ' '19.1 Failure by the Council atany time to enforce the provisions f the Contract or to require performance by the Contract of any of the provisions of the Contract shall hot constrüed as a waiver of any such provision and shall not affect the validity of the Coiitract or any part thereof of the rigJt of the Council to enforce any provision in accoi dance with its terms.

19.

"JNSTR'UCTIQ 19.1 Alt instructions shall be in writing.
19,2 The Authorised officer or the Council shall inform the Contractor in writing.

of any duties delegated to other or more representatives.

19.3 Where under condition 19,2 the representative is empowered to issue instru,ctions such instructions shall be issued on the following terms: ' 19.3.1' All instructions must be confirmed in writing.

I 9.

'3_2 The Contractor must comply forthwith the terms of such instruction which will be issued in the nathe of the Authoriscd Officer.
representative under these conditions to issue such an instruction, then the Contractor must forthwith seek the instructions of the Authorised Officer who will conlirm the original instruction or issue a furLhir instruction superseding the original instruction.

.PETuflNST0TThj.COUNCIL 20,1 The Contractor shall be required by the Council to deliver to the office of the Town Clerk areturn in deail in such form as the council may prescribe showing:- 20.2 Management alTangernents of the Premises.
20.3 And any other returns that may be required by Council.

FRUSTRATiON [ía war declared by state, or other circumstances ottside the control of both parties i:ises elftec the Contract is made so that either party is prevented from fulfilling his/her higations, or under the law governing the Contract then parties shall be contractual released from further performance.
1NS1JTANCE It shall be the duty of the contractor to keep the premises insured against loss, dstruciion or clajnage.ky fire or otherwise happening to the premises or any part thereof and to apply the money received in respect thereof under any such insurance in rebbildi.ng, relnstiting and restoring or replacing the premises as the case may be if any parts thereof are so damaged or destroyed.

IN WITNE WHEREOF the parties here affixed their respective hands and Seals the day and year first above written.
The Common Seal of Kampala City Council was hereto affixed.

In the Preénce of The Common Seal of MIS BASAJAIJALABA HIDES AND SIQNS COMPANY LTD.(.8PS) was hioreuntoallixed in.

in the Presence of: .

 ..................... MAYOR ) ........ ............. TOWN RK )' MAN ING DIRECTOR .

.......... ) 13 •;I0-QTARY L:..j - - • ... -' .• ... - -- r'Fi T 1-Y1 • r., .rr.

:.

.,::.

SEAGRd,5 N T 1 .


TIGN made the 1Pdayof Two Thousand and Oe .under.

- andiubjt to tie Lands Mt,T998 dth 1IIIë .. .accordanc therewith BETWEEN IMPkLA Cf-TY COUNCIL of P0 Box 7010, Kampala, a body corporate .

.

(liereinafier called the "Sub-Lesor) of the one päit_and fJffASAJTADAL,A HIDES AND SKINS -coMPANY LIMITED .

f' P.O.Box 4639 ICampala (hereinafter called the SubLessee) of the otherpart WITNESSETH as follows; .

1.
1.

 Oki fn Consideration of the premium of ShJllings Six Hundred Million (Shs.

600,000,0001=) paid the Sub-Lessor by the Sub-Lessee on .

or >J-4 N IJEi)p • be the execution of these psei1ts (tile 155' rec5lpt • whereof the Lessor doth .

hereby knowledge) and also in consideration of the.
rent hereby reserved and of the covenants and conditions hereinafter contained on the part of the Sub-Lessee to be observed and performed, the Sub-Lessor hereby sUb-leases uhtô the Sub- Lessee ALL THAT piece of land together with the structines, improvements made thereon in Jhe jy Qt - Kampala and:.

known 3 as Plot Nüiber- buildings, • is more particularly delineated on thepläii je:hed.

: reto thr hëftrafledthé saidlid' dd- Wifh - - ... • .
0 ••4 .

 .

 .

 .

..:.... .

 .

 :..:... ...................... -- - - .....:.

.

 ..:: ..•.

J.. .

.......... .

 .

 .

.

 .

 .

 • .'

 ) (F TO HOLD the same unto the Sub-Lessee for the tem of 49 .1.
Two Thousand and One, subject to renewa!, YIELDTWG said term the yearly rent of Shs 2,97,000/= MY Thousan) payáble•by two tequal half yearly instãhnenth in advance on the first day of January and the fit dày of July in every year.

: To this end the Sub-Lessee shall on execution of thi Sub-Lease issue the Sub-Lessor with a Standard Chartered Bank Cheque/Draft -- - ............-........No:.?:T/:t.

••• dal for Shs.P.c?0ChD :?OQk.kti4.


?.0001' drawn on Account Not../.thQjP0/9 and the Sub-Lessee by appending its Seal hereto shall acknowledge receipt iliereof 2.

THE SUB-LESSEE HEREBY JOINTLY AND SEVERALLY COVENANTS with the Sub-Lessor as follows namely - (a) To obsee and pe - rforin.

all the conditions and covenants implied by Jaw in this Sub- Lease or therwise herein contained or réfen-ed to.

 .

.

.

.

 .
.

.

.

.

 .

.. ..............T :).....• :.NoFwithöt...the • - - :•........ the Sub-Lessor to use or suffer to be Used the said land and bnildiiigs oi ähy ai1 - thereof otherwise than for the Abaitoir .

 ....• .

 .

 .

 .

 I .

 occupiers or owners of the adjoining lands and prôpertës.

3.
3.

 S THE CO VENANTS WITH THE SUB-LESSEE follows:- - (a) The Sub-Lessee perfrmm obligations herein mentioned, sh peace'and qwetly hold and enjoyj property dung the tenn hereby reserve without any interference from the Sul Lessor or any person or persons legall authorised to act on his behalf.

(b) Subject to the provisions of this Sub Lease, the Sub-Lessee shall abstiutel) and unconditionlly enjoy all the propñeta.
Eights and interès accruing to the Sub-Lessor over the property hereby su,-leased.

4.

IT IS HEREBY EXPRESSLY declared and agreed as follows:- (1) The rent hereby reserved .

shall be revisable by the Sub-Lessor at any time after theexpiration...... interva1 or [ess iöt years thereafler.
-than - u) The cost of realigning in or protecting ai'y public or private services wfuch may beon orpass under or overthid1áIJd 3. and of any works incidental, thereto shall be the Ii ility of the Süb-Le.ssee.

5.
5.

 The Sub-Lessee haH, - with the consent and/Or approval of the Sub-Lessor; (1) (ii) Alter, medify, re-co .. new reliiThish .or in any way redev&op any part of the in such a manner as to upgrade the City Abattoir to an ultra modern slaughter and meat handling facility, to improve its suitabi!ity and/or expand its capacity to handle increased utilization.

6.
6.

 ef The Sub-Lessee, his assigns or beneficiaries fulfilling the terms and covenants herein stipTtjiated, shall be éñtitled to automatic renewal of this agreement at the expiry of the period stipulated herein and shall at all times be protected from arbitraryaçtipn.

rcgarding.

.

the term herein agreed.

7 In the event of any difference in interpretation of the Clauses of this .Sub-Leae a e'1neñt.

the iiiãttr in' dispute shall be rdëiréd to .

arkLtratpr...in..
arkLtratpr...in..

accordanc.e,..with.:.

the..provisions.

:..of the Arbitration and Conciliation Act, 2000 for %V'F 'th j Sub-Lessor has hereunto been affixed and the Sub-Lessee has caused -its common Seal to be affixed hereto the day - : frfirst above written.

 The ComñiohS1 of M1ALA } CIT-Y -COUNCHheuntaiffieuf • .

 .

... MAYOR a inthepresenceof: .


- TOWN CLERK The Common Seal of } •• ABA HIDES ] BASAJAB 1 ANi)SKJNSCOMPANY LIMITED was hereunto affixed] MANA GL DUCrOR• & In the presence of Witness: Name: Address: .. o.

•.. .• .......... • ...C-.. .. ..'-.

.
- Act LEASEHOLD REGISTER Volume 2809 Folio 3 REGISTRATION OF TITLES ACT CERTIFICATE OF TITLE DESCRIPTION OF LAND The Leasehold land edged red on the plan attached hereto and situate and known as foUows:- PLOT Ste Number: I AND 3 Road Name: P0RTE3ELL Ro&o IPALA District: Area: APPR0X.0.5aj Hl:(;T,Fl TERM from I sr .Juwr 2000 mtb for at the rent and subject to the covenants and conditions contained or implied in Lease Number bound up herewith and to the incumbrances (if any) entered in the Incumbrance Register.
)9ears aud Easements Date time and lnt.

No.

 PROPRIETORS HIP Name and Address of Propnetor .

 Signature of Registrar AL A C ITY COUNC IL.

ü P .0 X 701 o KAPALA.

IN sT030j1.74.

 i rRA1r ti' Date of issue: 1TH dUNE, 2O00 Owners Copy Registrar of Titles.

2 Proprletorshlp—continuod INCUMI3RANCES AT 11 INST.

LO RER..41026.................

MTN1JTEREF..i?...!..KDLB.


11/3 (a) (2000 of June 7,2000 PAGE 1 0F3 / r1l CHAIRMAN TI1EREGISTRA dNOFTI LEASE BY DIST5DBOAR TA(P ULJTV ' 7 /2 .

This Lease made the / day of J U k1 .
the year, /c5 under and subject to the Land Act and rules made/saved thereunder BETWEEN KAM1'MA Dfl1ICT LAi') flCk1I) a body incorporated by the Land Act (hereinafter called "the Lessor") of the one part, and KAMPjt CITY COUNCIL of P.0.Box 70109 Karnp&.ae (hereinafter called "the Lessee/s") of the other part.

I lnobnsideration of.
the rent heret resaiQ 9r the covenants and conditions hereinafterdontained on the part of the Lessee/s to be observed and performed, the Lessor hereby demises nto the Lesseefs ALL THAT piece of land in the.MuRiei as twhip of and known Kampala Plot 1 and 3 OLD PTBELL TW/tT), / 0.56 of an hectare, as the san is mó particularly delineated on the plan annexed hereto and thereon edged with red (hereinafter called "thd said lid") TO I-lOW the same unto the day of JIM for the term of 99 year Two thousand the year from the tat YIELDING AND PAYING therefor during the said term the yearly rent of ) payable by two equal half-yearly payments in advance on the first day of January ousirnd Shillings Fifty (Shs.
50,000/ and the first day ofJuly in every year.

SECRETARY - 2.
THE SSEE/S HEREBY / fotlo s namely: COVENANT/S with the Lessor as to obsrye and perform all the conditions and covenants implied by law in this lease or other- wise herein coritaineb or referred to, mainljein t the e)cisting the1rS1IlttngslZ1 ood nd tenant.nb].e repair throughout bhe berm of the lea$e hereby t on the said lan/buildings (hereinafter called "the said buildings")fth±efnarlr" granbed La wear and tear Oxtopted, CHAIRMAN PAGE2OF3 the to complete the said bu ay of cfor occupation and use to the satisfaction of the Lessor on or before the year not without the prior written consent of the Lessor to use or suffer to be used the said land and buildings or any part thereof otherwise than for Indutria1 pwpoms not Without the prior written consent of the Lessor to erect any engine or machinery on the said land or in the said buildings save and except such engine or machinery as shall be necessary to or consistent with the user of the said land or buildings as stipulated herein, in addition to any covenant implied therein the Lessee, shall i .until he/she has completed the said buildings and obtained a final occupation permit in respect or suffer anyone to use or confer on anyone a or any part thereof without having obtained the written consent of tire lessor, sell or sublet or part with the possession of interest or in nv way mortgage the said land or buildings (g) to keep insured the said
 buildings to the full value thereof in a responsible insurance office against loss or damage by fire and upon the request of the Lessor to produce the policy of such insurance and the receipt for the last premium and to cause all sums received in respect of such insurance to be forthwith laid out and expended in rebuilding or repairing or otherwise reinstating the said buildings and to make up any deficiency n i L such sums out of the Lessees own money.
.7 / (h) not to make or allow to be made any alterations or additions to any of the said buildings nor to cut, Ijure or demolish or allow to be cut, injured or demolished the roof or any of the walls orfloors thereof without the prior written consent of the Lessor, , - I 4 When the Lesse it the time be any existing conditionS in this tease wh montt construed as if the said tt IN WITNESS W year first above written.

The COtON SEAL of was hereunto affixed in tl -.

\ V .
I - (i) not at any time during the said term to use, exercise or carry on or permit tb-be used, exercised or carried on in or upon the said land or buildings or any part thereof any noxious noisonie or offensive art trade, business occupation or calling or to allow any act, matter or thing whatsoever'to be donat any time during the said term in or upon the said land or buildings which shall or may be or grow to thnno'ahce, nuisnce grievance, damage or disturbance of the occupiers or owners of the adjoining lands and Ompehids.
r) .

in - SEQgTARY .5 ................................................. 3.

IT IS HEREBY EXI'RESSLY declared arid agreed as follows: AUTHORISED WiT5 ......... .............. 5 .

.

that if this lease be enlarged as hereinafter provided, the rent herein reserved shall be revisable by the Lessor at any time after the expiration of the first than years thereafter, 5 years of the said term aj;at.
intervals ofnot less H ........... that the cost of re-aligning, covering in or protecting any public or private sem\pces which may be onOr pass under or over the said land and of any works incidental thereto shall be the l.iabiliyof the Lessee/s.

7- / f .

 Al DRAWN BY: The Goernment C Office of Titles.

P.O.

Box 7061.

Kampala.

,,.,,i,no,nd ifs!

PAGE 3 OF 3 to the year Tt the time be any existing breach or non-observance on the part of the 4.
When the Lessee/s shall have complied with the building covenantherei.l if there shall not of any of the covenants and years and larged conditions in this lease whether expressed or implied the S shall be en months from the said day of consted as if the said t years and months had been originally granted hereby.
uitomatically and this lease shall thencefonh be read and IN WITNESS WHEREOF the common Sealte Lessor has hereunto been affixed and the Lessee/s hi hef/thcommon Seal to be affixed heretothe clay and year first above wfitten.

The COMMON SEAL of the Lessor was hereunto affixed in the presence of us:- said KA14PAI ' DI3TRICT LAN1.
BOARD lnsL \ tj PROCEED Lodd tar Rcgtrti0u A.v1 on.,2O .--------,.-------.,.-- j y.1:1•, ] .............. Chairman Pt .tP .flaflafltSk't THE C01MON SAt of the KAMPALA CITY COUNCIL was her :uiito afid in Trenence of AUTHORISED WITNESS:- .............. ............. .................... .................... .................................. TCL f .

I, DRAWNBY:- The Goemmeiit Conveyancer, Office oTitles, P. 0.

Box 7061, Kampala.
'C HIR MAN (C) to the for occupation and use to the satisfaction of the Lessor on or before ay of the year P.\GE 2 or: 3 (d) not without the prior written consent of the Lessor to use or suffer to be used the said land and buildings or any part thereof otherwise than for Indutria1 pwposos' not without the prior written consent of the Lessor to erect any engine or machinery on the said land or in the said buildings save and except such engine or machinery as shall be necessary to or consistent with the user of the said land or buildings as stipulated herein, in addition to any covenant implied therein the Lessee, shall until he/she has completed the said buildings and obtained a final occupation permit in respect or suffer anyone to use or confer on anyone a or any part thereof without having ' obtained the written consent of We lessor, , sell or sublet or part with the possession of e interest or in any way mortgage the 'said land or buildings to keep insured the said buildings to the full value thereof in a responsible irsu,rance office against loss or damage by fire and upon the request of the Lessor to produce the policy of such insurance and the receipt for the last premium and to cause all sums received in respect of such insurance to be:fprthwith laid out and expended in rebuilding or repairing or otherwise reinstating the said buildings and to make up any deficiency in such sums out of the Lessees own money, I'
 (h) not to make or allow to be made any alterations or additions to any of the said buildings nor to cut, jure or demolish or allow to be cut, injured or demolished the roof or any of the walls orfl'oors Ihereof without the prior written consent of the Lessor, '.. not at any time during the said term to use, exercise or carry on or permit tb.be used, exercised or carried on in or upon the said land or buildings or any part thereof any noxiouS noisome or offensive art, trade, business occupation or calling or to allow any act, matter or thing whatsoeverto be clone1tit any time during the said term in or upon the said land or buildings which shall or may be or grow to thèinbance, nuisance grievance, damage or disturbance of the occupiers or owners of the adjoining lands and proc/tis.
-' S.ETARY .

3.
IT IS HEREBY EXPRESSLY declared and agreed as follows: (1) that if this lease be enlarged as hereinafter provided, the rent herein reserved shall be revisable by the Lessor at any time after die expiration of the first than years thereafter, years of the said term ajic atintervals of'ftt less that the cost of re-aligning, covering in or protecting any public or private sVies which may be onôr pass under or over the said land and of any works incidental thcreto shall be the liabiiiiyof the Lessee/s.
4.

When the Le " it the time be any exiStir conditiOnS in this tease mo construed as if the said t IN WIThESS has/ha year first above writtet Tl'e COMMON SEAL was hereunto affixed i [Inst Loducd tO AUThORISED \ Addie!...........

DRAWN BY:- The GoXefflifldt Office of Titles P.O.

Box 7061, Kampala.

31.


 OFFICE OF THE EXECUTIVE DIRECTO "A' KAMPALA CAPITAL CITY AUTHORITY For a better C/t, REF: EDIKCCAI006II 1st June 2015 The Chief Government VaI Ministry of Lands, Housing Parliament Avenue KAMPALA t A(' U ' DeveIopment RE: VALUATION OF RESIDUAL INTEREST OF BASAJJABALABA HIDES AND SKINS CITY ABATTOIR LTD IN KAMPALA Reference is made to the above mentiohed subject.
Following a Memorandum of Understanding signed between Kampala Capital City Authority and Basajjabalaba Hides and 13th November 2014, we have Skins Company Ltd on the received a letter from Basajjabalaba Hides and Skins City 16th April 2015 forwarding to Kampala Capital Abattoir Ltd dated City Authority a valuation report of the residual interest in the aforementioned property.

A copy of the letter isattached hereto together with the valuation report.
We do hereby request you to review the submission and advise us on the propriety of the valuation report and in particular the amount proposed therein.
n ( J\iv / J Semakula Musisi EXECUTIVE DIRECTOR L) j\ Copy: Deputy Executive Director, KC Director Legal Affairs, K Manager r 1A 04:6 BHS CITY ABATTOIR LTD. 1, 3 & 5A Old Port Bell Road, P0 Box 4639 Kampala, UGANDA Tel: +256 772 378883 / +256 700 295967 / +256 430709 S1O5 executive Director Kampala Capital City Authority ('KCCA') City Hall 1-3 Sir Apollo Kaggwa Road P0 Box 7010 Kampala UGANDA 16th April 2015 Dear Madam KCCA'S PROCUREMENT OF BHS CITY ABATTOIR LTD'S RESIDUAL INTEREST, IN THE KAMPALA CITY ABATTOIR, AT MARKET VALUE RESIDUAL INTEREST / BUSINESS VALUATION REPORT We refer you to the Memorandum of Understanding ("MOU") that KCCA and oursei.
executed on the 13th November 2014 and to which the above subject directly relates.
In this respect,it gives us great pleasui -e to submit to F(CCA the residual interest / business valuation report that our financial consultants, M/s J. SR Consulting Limited, ha4e since prepared and issued indraft for its consideration as a basis for us to commence detailed discussions and negotiations on a closing price for the company to permanently relinquish its residual interest in the Kampala City Abattoir, currently valued at UGX85.4 billion, to KCCA.
We trust you will find the same in order for progression and we look forward to moving this matter to an amiable, equitable and fair conclusion.

Please feel free t contact the undersigned if you have any questions or require any further information or clarification in this respect.

Yours faithfully A RECEIVD KCCA 2 1 MAY 2015 I F - RECEIVE TM :p,,., T to THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA LAND DI VISION CIVIL SUIT NO.
OF 2011 DAN KWATAMPORA KATARIHWA VERSUS ] PLAINTIFF ELIAS LUKWAGO] MUGUMBA ABBEYI MEN NSUBUGA] MID!
KISITUI MUTESASIRA W.] WAMALA EWDRAD] SHIEK NGOOBI] KATEREGA KASIMU]4 MATOVU DEBULA] 10)KABUGA HAKIMU] KULABJGWO] SEMUGERA FRANCIS] MUSOKE SEKITTI] JJUKO] ALl ALIAS FIGO] MUKISA NALUSWA CHARLES] L J ] DEFENDANTS PLAINT 1) The plaintiff is a male adult Ugandan of sound mind and registered proprietor of lands and property comprised in Plots I and 3 Old Port Bell Road, known as City Abattoir whose address of service for purposes of this suit shall be shall be Gb.

Geoffrey Nangumya & Co. advocates, P.O.


Box 8558 Kampala.

2.)

The 1S defendant is a male adult Ugandan presumed io be of sound mind, and also occupying the position of the Lord Mayor of Kampala Capital City Authority sued in his individual/personal capacity by the plaintiff and the plaintiff's Advocates undertake to effect service of court documents on the 1' defendant.
3) The 2nd defendant is a male adult Ugandan presumed to be of sound mind licensed to work as a slaughterer and trader in cattle at the premises of the plaintiff and belonging as member of the alleged City Abattoir Traders Development Association unknown to the plaitiff and the plaintiff's Advocates undertake to effect service of court documents on the 2nd defendant.

4).
4).

The 3rd to 18' defendants are male adult Ugandans and members of the alleged City Abattoir Traders Development Association which is a protégé of the 1st defendant and all are presumed to be of sound mind and the plaintiff's Advocates to 18th defendants and undertake to effect service of court documents on the 3 the plaintiff shall add as the 191h defendant Kampala Capital City Authority by virtue of vicarious liability upon expiry of the Notice of Intension to Sue served on them.
The plaintiff's claim against the defendants jointly and severally is for trespass and a cieclaration that the plaintiff is the rightful owner and lawfu.l subleasee of the land comprised in Plots 1 and 3 Old Port Bell Road, known as City Aba.ttoir, a declaration that the actions of the defendants jointly and severally are illegal, and damages for the destruction caused by the defendants on the plaintiff's premises, permanent injunction, general damages and costs of this suit.
The facts constituting the plaintiff's cause of action arose as follows: - The plaintiff purchased and was later registered as proprietor on 3 1/7/2008 of a Sub- lease for the suit property from MIs Basajabalaba Hides & Skins Ltd the former Sub-leasee with the now defunct Kampala City Council the predecessor of Kampala City Council Authority the a Sub- lease agreement dated the 4th day of June 2001 for a period of 49 years and the plaintiff has since been in possession of the suit property comprising of structures, the slaughter equipment, tradable goods, real and incorporeal properties and developments thereon since, to date and the plaintiff appointed Travelers Choice Ltd as the Administrative, Supervisor of the plaintiff's suit property.
(Refer to annexure "A" attached herewith) That between the 14" day of April 2011 and 21 day of September 2011 respecti\.e1y, the 2 nd to 18(11 defendants at the instigation of and close collaboration• of the 1 defendant, under an alleged association calling it self City Abattoir Developmen: Traders Association unauthorized but clandestinely operating on the plaintiffs suit premises where other persons about 100 in number also carry out business on the trade centre and slaughter house for the animals in Kampala City, wrote to dic 1 defendant, allegedly electing to be the ones in management of the City Abattoit whereas not and that there was a management conflict at the plaintiff's property whereas not.
(See annexture "B"); day of The 1 defendant in his individual/ personal capacity on the 22 Sertember 2011, with out any claim of right whatsoever.wrote to his proteges the 2 to 1 defendants notifying them to wait for him disguised, as the Lord Mayor of Kampala Capital City Authority came into the plaintiff's premises broke the padlock to the gates to the slaughter rooms, and commandeered the 2 nd to • 8th defendants in breaking the padlocks to the whole facility, and locks to •the Administrative Offices, and threw out all the files for the company business since 2001 on administrative issues, financial contracts, utilities, debtors and creditors documents, statistics and business plans among others.
(Refer to annexure.

marked "C" attached herewith) d) 0 The busness of the plaintiff is now being enjoyed out by the defendants without legal authority, with out observing laws in respect of Public Health and veterinary services tothe prejudice of the plaintiff.
The plaintiff avers and contends that he has undertaken financial obligation and committed to project development structures and machinery by way of securing project finance on the basis of the terms of the sublease Land Title to the Suit land acting as a. spring board for the already issued approval of a United States Dollars Dollars) 25,000,000(fwenty Million from a foreign Bank towards a turn-key structured construction development project of facilities including but not limited to modern Abattoir, on the suit property commencing January 2012 United States Five The plaimii' contends that the defendant's acts are unlawful and amount to trespass which den , lie plaintiff the right to conducting her abattoir business and the plaintiff has suffeid colossal loss of sums of money as a result and hold the defendants jointly and severalli liable in special damages.
SPECIAL DA T'.

'IAGES UGX.

3,400,GC') (i'hce million, four hundred thousand shillings)Per day since 10 ' day of April2011 rmd ecruinuing thus a total of UGX 503, 200,000= (Five hundred million, two hundred th.

:;usrnd shillings).

UGXIO,000,000 the Cashier's oti'ce during the unlawful takeover by the Defendants.

(ten million shillings) money lost from Operation Manager's Office .
The defend is jntly and severally actions have caused great loss and suffering to the laintilT:nd us the plaintiff contends that the 1 defendant is not entitled in law to break pJiocs of the plaintiff hence tortous actions of a personal nature and as such he is persoua]ly liable.
10)The plain.iff avei::; and contends that the Defendant further acting in his individual and personal capacity and through his said cronies has unlawfully and unconstit:cnaflv.ssunied the powers of the proper officer provided for under the Kampala Cu '.ital Cit.y Act 2011 by pronouncing repossession of already sold land, which powers are a preserve of the of the Executive Director and on lawful established procedure.
ii) The plaintiff avers and contends that the l Defendant's above mentioned tortuous acts under the guise of Kampala Capital City Authority in exclusion of the authorized 18111 defendants administrative and executive powers thereof together with the 2' to jointly and severally by attempting to alienate the lawful suit property of the Plaintiff without prompt, adequate and fair compensation thereof amounts to breach of the Plaintiffs inalien.a b Ic constitutional rights preserved against deprivation of personal property.
12) The Plaintiff contends that the tortuous acts of the Defendant in his individua.l capacity by il.1ealiy, irregularly and acting in excess of his statutory powers against' the PlaintilTs equtahle, statutory and constitutional right.s in respect of the suit land has caused iia Paiiitiff un told stiffering tortu.re and collateral corporate damage in investment cppor.tunities, goodwill and business trust which translates in colossal financial losses v;Iiich the Plaintiff holds the l defendant personally liable and the 2' to 1 8 IlL: directly liable in equal measure 'i:'tvJa1s 13)The PIainti ''er: that the Defendants jointly and severally are liable for inequitable and their w:c: .H, unlawful, irregular, unjustified, unconstitviona.
acts and deliberate omissions pleaded above and commiss.io.rjedwi a maiafid.e intent and are overtly, tortuous actions against tiec ilntiff, unknown at law and as such malicious and lacking : ~ , Corunl and therefore actionable statutory and individual administ.

': .

:' e*aled by the Defendants without 'awful reason for which breaches iin.
compensation for the resultant damages and losses to the PlainiiI c it's busiiv .• 14)Notice of :u sue was duly served on the defendants who ignored it.

15) The cause honorable cc .irse at Old Port Bell Road within the jurisdiction of this WHEREFO::', c. aati:liprays for judgment against the defendant as follows: - A d•cclaration that the plaintiff is the rightful owner of the land ce:uarised in Plots' 1 and 3 Old For!
ell Road, known as City Abut toir, ) / declaration that the actions o± the defendants jointly and severally are illegal.

- )ccail damages as pleaded in paragruph $ above c Peimmient injunction Gcic.r.i damages of this suit.

c) inLerest on (c ) ,(e ) and (1) at courts rate Dated at Kampala this ....................... dayof ........ %, 201 ........

COUNSEL F4FIE1AINTIFF Drawn & Filed by Geoffrey Nangumya & Co.
Advocates Plot 47, Martin Road, Old Kampala Tel: 0414348212, Fax: 041 251465 E-mail: nangumya@utlonhne.co.uq P.O.

Box 8558, Kampala INTHEHT REPUBLIC 0 ARISIN OF 2011 "C'!
DAN KWATAMPORA KATARII-IWAI IAPPL[CAN1'/ PLA1NT1F1 VERSUS ELIAS LUKWAGO] MUGUMBA ABBEYI MEDINSUBUGA] MIDIKISITU] M1JTESASIRA W.] WAMALA EWDRAD] SHIEKNGOOBI] KATEREGA KASIMUI MATOVU DEBULA] 10)KABUGAHAKIMU] 1 1)KULABIGWO] 12)SEMUGERA FRANCIS] 13)MUSOKE] 14) SEK!FTII 15)JJUKO] 16)ALI ALIAS FIGOj 17)MWUSA 18)NALUSWA CHARLES] RESPONDENTS/DEFENDANTS INTERTM ORDER 1-us Worship This application coming up for__hearing anddisposal before BTEMANDAffieDuRegistthpresenceoTMRTGEOFF'REY NANGUMYA Counsel for the app!icantlplaintiff and in the absence of the respondents/defendants.
IT IS HEREBY ORDERED: - That the a,pplicantlplaintiff maintains management of the suit premises (City Abattoir) and the agents, employees or servants of the Respondents/Defendants are restrained from interfering with the physical possession, the control, management and administration of the suit property comprised in Plots I and 3 Old Port.Bell Road, known as City Abattoir, including the equipment, tradable goods, real and incorporeal properties and business thereon as covenanted by a sublease on the sit,.,property, pending the hearing and disposal of Misc.
Application No, .. .

 ..... of 201 1.

Costs of this application he provided for.

9A1E,1A N.D. THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (LAND DIVISION) CIVIL SUIT NO.

355 OF 2011 DAN KWATAMPORA KATARIHWA:::::::::::::::::::::::::::::::::::::::::: PLAINTIFF VERSUS I EL1AS LUKWAGO 2.

MLJGUMBAA•BBEY 3 MEDINSUBUGA 4 MIDI KISITU MUTESASIRA W. W AMALA EWDRAD 8'Hil kM1IEGAkASIMU MATOVtJbE•BULA 1O.KA8UcM.

: HAKINI 11.K(JLAEIGWO 12.SEMUG.ERA FRANCIS 13.


MUSdkrE 14 SEKt: II 15.:uFØ• 16.A'LiAtlAS FIGO 17.MIJkfSA 18 tALÜSWA CHARLES DEFENDANTS 1.

Save as herein tinder exp.rly.
admitted, the P endants deny each and evry allegation of fact contained in the Plaint as though the same were hdren set forth verbatim and seriatim traversed 2 Attheconimencement of theirial, the Defendants shall raise a preliminary objection to the effect that the suit is frivolous, vexatious, misconceived and b a d in law, an abusè of oui rt prbcess a n d it raises no cause of action againt the Defendants by reason of which this Honourable Court shall be indvcd to dismiss ii with costs 3.
( At the commencement of the trial1 the 2 to 1811 Defendants shall a preliminary objectiofl to the effect that they have never been - áidvvth the umrnons together with the Plaint as requked by the ...._ .

i:j•., PAIi: Ii:( •I.I'j• ç.

(> 1:1 l •.... law but only learnt of having been s.ued by the Plaintiff from the pressl Daily monitor News pa.per by reason of which this Honourable Court shall be moved to dismiss this case against the 2nd t o 18th Defendants with costs.
The Defendants partially admit the contents of paragraph 1 of the Plaint to the extent that the Plaintiff is believed to be of sound mind and the rest of the contents are denied and the Plaintiff shall be put to strict proof thereof.

The contents of paragraph 2 of the Plaint are admitted by the 1st Defendantand vishto.add•thathis address of service for purposes of this suit shall bE Gb.

Mis Lukwago & Co.

Advocates, Suite 116, London Charnbérs, PlO.t4 Johnston Street, P.O.

Box 980, Kampala.
Box 980, Kampala.

The contents of parag.r.phs 3, 4 and 15 of the Plaint, are admitted save that the 1st Defendant is not in any way a protege of City Abattoir Traders Development Association as alleged by, the Plaintiff who shall be put to strict, prodf thèrëof and the 2ndto 18 0 Defendants wish to add that their addreSs of service for purposes of this suit shall be CIo M/s Lukwago & Co.

Advocates, Suite 116 i London Chambers, Plot 4 Johnston Street, P.O.

Box .980, Kampala.
Box .980, Kampala.

The Defendants totally deny the allegations contained in paragraphs 5, 6 (a) (b), (c), (d), (e)ahd (f), 7,8,9, 11, 12, 13 and 14 of the Plaint and the Plaintiff.h!l:be:pu.t.tøstrict:.roof.thereof.

In spécfic: answertOPar:agraPhs.

5, 6 (a), (b), (c), (d):, (é.)


and (f) of the Plaint, the Defendants shall aver and contend that they have never been trespassers onto Plots I and 3 Old port Bell Road and that the Plaintiff has never been the lawful owner of the same and has never been in possession and management of the suit land and the Plaintiff shall be put thereof to strict proof.

9 In further answer to paragraphs 5, 6 (a), (b), (c), (d), (e) and (t) of the Plaint, the.
Défëhthht shall ave..and contEnd that the registration of the Plaintiff on the encumbrance page of the suit land was done illegally and fraudulently by the Plaintiff and M/s Baspjjabalaba,Hidqs & Skins Limited PARTICULARS OF ILLEGALITY AND FRAUD A) The Plaintiff purporting to register him self on the encumbrance page of the suit land without acquiring the consent of the Kampala City ....... • ...... 0) Failure by the Plaintiff to pay the necessary fees and stamp duty while - registering him self on the encumbrance page.
C) Undervaluing and under declaration of the true market value of the suit property.

10.

11.In specific reply to paragraph 8of the Plaint, the 2 to 18 th Defendants shall aver and :contend that, the Defendants shall aver and contend that business since April 2011 to date has been smooth without any interruptions by.

: the presence of the 1st Defendant on the 22 nd day of September2011.

12.ln further answer to paragraph 8 of the Plaint, the Defendants shall aver and contend: that that the Plaintiff jS.:.
not at all known to them and that he has never been in the possession, and management of the abattoir as alleged, and: he is not in any wa.y prejudiced and therefore not entitled to the reliefs sought..

In specific reply, to paragraph 6 (d) of the Plaint, the Defendant shall aver and contend that the suspension of the payment of any fees and charges to BHSwas"afër the discovery tht the samewas being collected illegally and 6oritrary,"tb The Loca!

Governments (Kampala City.

Council) (Meat) ordinance,.


2006 but the same Was, not, instigated by the jst Defendant.

The contents' of paragraphs 9 lO; 11, 12, 13 and 14 of the Plaint are denied and in specific response thereto, the Defendants shall aver and contend that any financial obligations and claims by the Plaintiff were done illegalIy without the consent of Kampala Capital City Authority and that the Plaihtiff isflot at all entitled the compensation and reliefs sought.
15 In reply to paragraph 14 of the Plaint, the Defendants shall aver and contend that'they have never received any notice of intention to sue from the Plintiffs'ähdthC Plaintiffs shall be putto strict proof thereof.
16 Save for the cause of action, which is denied, the Defendants submits to the jurisdiction of this Honourable Court WHEREFORE, the Defendants pray that the Plaintiff's suit be dismissed with costs COUNTER CLAIM 17.The Defendants adopt the title to the statement of Defence and Counterdlaims against the Plaintifffor cancellation of Plaintiff as the holder of sub lessee, permanent injunction restraining the Plaintiff from trespassing on the Defendants/ Counterclaimants Kibanja and evicting the Counterclaimants their agents and servants and all those claiming under them, A declaration that the Couñterclaimants are the lawful owners and/or bonafide occupants on the suit land, A declaration that the Plaintiff and his predecessor illegally obtained the sublease on the suit land, vacant possession., generl• d'am• and costs of the Suit.
1The cause of action arose ásfollows: (a) For more than 50•years, the.

Defendants have been in possession and ocCUpation of the suit.. lâhd together with their father's, grand father's and great grand fathers (b).

The Déféndants shall aver and contend that since they took possession of the suit làrd', the Plaintiff and his predecessor in title has never claimed ownership of the same till the year 2011.

(c) The Defendants.
(c) The Defendants.

later : discovered that the Plaintiff and his predecessor in title illegally an-6 fraudulently acquired the sub lease over the suit.

land' to thir detriment.

PARTIcULARS OF FRAUb, AND.

ILLEGALITY I) The Plaintiff PurPot1itg., tO register him self on the encumbrance pa...e of the suit Ia.hdWfthoutácquiring the consent of the Kampala City CounciL .

.

.

.... .

ii) Failure.
by the Plaintiff .tp.paythe.necessary tees and stamp duty while registering him self on the encumbrance page in)Undervaluing and under declarqpon of the true market value of the suit property at the time o regitteri6g ,-him , self àthé sub The Plaintiff and his predecessors in title together with Kcc flouting the law relatihg toipcquisition and Disposal of public Assets and acquisition of leases and sub leases Failure by the Plaintiff and his predecessors in title to up hold the terni o(thesub, lease and the.general principles governing leases ) That th Defendants have on several occasions demanded that the Plaintiffs ub les1e be cancelled and give vacant possession of the suit land but to date ie Plaintill and KCC have paid a deaf ear thus prompting the Defendants to tition-the various ,authoritieS.
.

.. (d) Despite the repeated demands from the Defendants/.

Côunterclairnaiits to the Plaintiffs to vacate theii Kibanja situate at Bulenga located on the suit land and remove the barbed wire fence erected by the Plaintiffs and their agents/employees and do good and/or compensate the crops and plants destroyed by the Plaintiffs in the process, the Plaintiffs have deliberately refUsed to do so.

13.
13.

The Defendants shall aver and contend that as a result of the Plaintiffs refusal to lay off their interests and stop claiming / trespassing on the said land, they have been inconvenienced and denied the use of their land freely as before for fear of being evicted by the Plaintiffs!

Counter respondents for which they will claim for general damages.

WHEREFORE, the defendant prays for judgment against the plaintiff for; (à):A declaration that the Defendants are the lawful and Bonafide oUpant.
Of the suit land.

A declaration that the Plaintiffs are trespasser on the suit land An order of vacant possession against the Plaintiff counter respondents A declaration that the Plaintiff and his predecessor illegally obtained thesublé.se Orithe suit land.

 .

(e)CancellationofPla.ntiff as.the holder of sub lessee (1) Permanent injunction restraining the Plaintiffs from ever trespassing On to the Defendants land.

(g):General.damages.for trespass.


•(h) Interest on ,(g) above at the rate of 25% p.a from.the date of filing till payment in full.

(i) Qosts.ofthe counterclaim DATED at KAMPALP this.

.. ....dav of .......... 2011.

LO.E,D in theC..

Registry .ttiQ..Øay of' 2011 'NTSI COUNTERCLAIF REGISTRAR THE REPUBLIC OF UGANDA., THE REPUBUCOF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA MISC.

APPLICATION NO..i!c/...OF 2014 (Arising from Civil Suit Np.

0355 of 2011) 3 MAGUMBA ABBEY.


MEDI NSUBUGA MIDI KISITU MUTESESIRA.

W. WAMALA EDWARD SHEIKH NGOOBI KATEREGGA KASIM 14PTO\IIJ DEBIJLA KABUGA HAKIMU 10, KULABIGWO SEMUGERA FRANCI MUSOKE SEKITTI JJUKO ALl ALIAS MUKISA NALUSWA CHA I Or Y.AM'ALA I\.NDA c. At'.)

:::::::::::::::::::::::::::::::::::::::::::: 6PPLIC1NTS ANP EB ThV 1 * IVEID nB0X3O64KAM%.

.
.

-VERSUS- DAN KWATAMPORA KATARIHWA :::::::::::::::::::::::::::::::::::::::::: RESPONDENT NOTICE OF MOTION (Under S. 33 of the Judicature Act, 5.98 of the Civil Procedure Act, 0.9 rH8, 0.52 r. 1, 2 and 3 of the Civil Procedure Rules).
TAKE NJICE that this Honourable Court shdll be moved on the of ............... O'clock in the forenoon or so soon thereafter as counsel for the Applicant can be heard on an application for orders that; 2014 at The order dismissing the Counter-Claim in Civil Suit No.

355 of 2011 be set aside.

The Counter-Claim in Civil Suit No.

355 of 2011 he reinstated and heard on its merits.


Execution of the Decree arising out of the disnissal order he stayed Costs of this Application be pro\'ided for; TAKE FURTHER NOTICE that the grounds of this application are fully set out in the affidavits of KATUMBA CHRISESTOM and the Applicants herein, which shall be read and relied upon at the hearing hereof but briefly the grounds are; 1...
Counsel for the Applicant was prevented by sufficient cause to appear before Court when the counterclaim wascalled up for hearing as he was delayed the Chief Magistrate's Court of Nabweru at Kasangati wher he had gone for the hearing of Criminal Case No.
841 of 213: Uganda Versus Nutesasira Roanld and another which came up for hearing at mid day till around 1:30 p.m. THAT a reasonable number of the Applicants/Counter-Claimants herein were in court when the matter came up for hearing but were not aware of what to do when their matter was called up for hearing.

THAT the Applicants have been vigilant and are still interested in prosecuting their Counter-Claim and they have a good case against the Respondent/Defendant.
THAT it is in the interests of Justice that the said dismissal be set aside and the Applicants/Counter-Claimants' case be heard on merits.

DATED at KAMPALA this ..._ -t .t ......day of ........ ....2014 77ba l COUNSEL'FOR THE APPLICANTS FOR: M/S LUKWAGO & CO.

ADVOCATES GIVEN under my hand and the seal of this Honourable Court this of 2014 day REGISTRAR Drawn & Filed by; MIS Lukwago & Co.
Advocates 1st Floor Media Plaza Building Plot 78 Kira Road P.O Box 980 KAMPALA THE REPUBLICOF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA MISC.

APPLICATION NO..1Hi.L.OF 2014 (Arising from Civil Suit No.

0355 of 2011) l 0.

 <,PAL u DEC 201k SIG APPLICANTS MAGUMBA ABBEY' MEDI NSUBUGA MIDI KISITU MUTESESIRA.
W. WAMALA EDWARD SHEIKH NGOOBI KATEREGGA KASIM MATOVU DEBULA KABUGA HAKIMU KU LABIGWO SEMUGERA FRANCI MUSOKE SEKITTI JJUKO ALl ALIAS FIGO MUKISA NALUSWA CHARLES -VERSUS- DAN KWATAMPORA KATARIHWA :::::::::::::::::::::::::::::::::::::::::: RESPONDENT AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION I MEDI NSUBUGA of C/o M/s Lukwago & Co. Advocate, 1 St Floor Media Plaza Building, Plot 78 Kira Road, P.O.
Box 980, Kampala do hereby soIemry swaer and state as follows; THAT I am a male adult Ugandan of sound mind, the 2nd Applicant herein and the Secretary of City Abattoir Traders Development Association (CATDA) in which capacity I swear this affidavit.

THAT the counter claim in Civil Suit No.0355 of 2011 came up for hearing on 24th day of November 2014 but the same was did not take off and was adjourned to 2nd December 2014 at 2:00 pm.
THAT on the same 2nd day of December 2014, I together with the rest of the Applicants save for the 13th Applicant were at Court by 1:30 p.m waiting for court to start and immediately when the trial Judge entered Court, I and the rest of the Applicants entered Court and sat inside the court room while waiting for our lawyer to come.
THAT when the matter was called up for hearing, I reasonably believed that since our lawyer had not yet arrived, court could wait for him to come as it handles the rest of the matters before it.

THAT when the trial judge asked for persionsinvolved in the case, I thought and reasonably believed that he was refferring to the lawyers involved in the case since both of them had not yet arrived.
THAT I and the rest of the Applicants being lay men did not know what to do as we are not conversant with court procedures since it was our first apperance before cour.t without our lawyer.

THAT as the Judge was still writing in the file, Mr. Kyazze, Counsel for the Defendant entered court and the trial Judge asked him as to why he was late in consequence of which Mr. Kyazze responded by explaning why he was late.
THAT the trial judge continued with writing and I thought that he was recording down Mr. Kyazze's explantaion but I was shocked when the Judge told Court that the counterclaim had been dismissed with costs.
THAT as .lay persons, I and the rest of the Applicants were not a ware that we had audience before court and that we could address court unless requested for by Court 10 THAT I and the rest of the Applicants have been vigilant in prosecuting the suit and I have a good case against the Respondent/Defendant since we are bonafide occupants on the suit land and therefore protected by the law.
11 THAT I am informed by my lawyers which information I verily believe to be true that if the dismissal of the Counter-Claim in Civil suit No.

0355 of 2011 is not set aside, I and th rest of the Applicants shall suffer irreparable injury as we are likely to be disposessed of our interest in the suit land as bonafide occupants and it might be so hard to recover the land if dispossessed.

12 THAT I have fear that the respondent may at anytime commence execution of the decree.
13 THAT I swear this affidavit in support of the Application and all that I have stated herein above is true and correct to the best of my knowledge save for the contents of paragraphs which are stated to be based on information from my said lawyers whom I verily be!ieve .

to be true and correct.

SWORN at Kampala by: the said MEDI NSUBUGA this ..... ...... day BEFORE ME; 2014 AC Drawn & Filed by; MIS Lukwago & Co.
Advocates 1st Floor Media Plaza Building Plot 78 Kira Road P.O Box 980 KAMPALA ict, THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA MISC.

APPLICATION NO........... OF 2014 (Arising from Civil Suit No.

0355 of 2011) MAGUMBAABBEY' MEDI NSUBUGA MIDI KISITU MUTESESIRA.
W. WAMALA EDWARD : SHEIKH NGOOBI KATEREGGA KASIMI MATOVU DEBULA KABUGA HAKIMU KULABIGWO S.EMUG ERA FRANCI 12.1 MUSOKE SEKI111 JJUKO ALl ALIAS FIGO MUKISA NALUSWA CHARLES APPLICANTS -VERSUS- DAN KWATAMPORA KATARIHWA :::::::::::::::::::::::::::::::::::::::::: RESPONDENT AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION I KATUMBA CHRISESTOM of C/o Lukwago & Co.

Advocates, 1St Floor Media Plaza Building, Plot 78 Kira Road, P.O.
Box 980, Kampala do hereby solemnly swear and state as follows; THAT I am a male adult Ugandan of sound mind, an advocate of all Courts of Judicature working with Lukwago & Co.

Advocates, counsel for the Applicants, well conversant with matter relating to the case in which capacity I swear this affidavit.

THAT I have been representing the Applicants herein am counsel for the Applicants herein who are also the counterclaimants in Civil Suit No.0355 of 2011.

 , .
, .

 THAT the counter claim in Civil Suit No.0355 of 2011 came up for hearing on 24th day of November 2014 but the same was adjourned to 2nd December 2014 at 2:00 pm.

5.

THAT on the same 2nd day of December 2014, I was scheduled to appear before the Chief Magistrate's Court of Nabweru at Kasangati Criminal Case No.
841 of 213: Uganda Versus Nutesasira Ronald and another which came up for hearing at mid day a nd proceeded till around 1:30 p.m. THAT immediately after Court, I rushed to the Land Division of the High Court to conduct the hearing of the counterclaim in Civil Suit No.0355 of 2011 but reached Court when the counterclaim had been dismissed with costs.
THAT contrary to my expectations, the hearing of the said criminal case was delayed, which delay was not my own making and as thus was not able to reach Court and attend the hearing of Civil Suit No.

0355of 2011 at 2:00p.m.

THAT my non appearance in court at the time the matter was called up for hearing was due to the delay I experienced at the Chief Magistrate's of Nabweru at Kasangati.
THAT I swear this affidavit in support of the Application and all that I have stated herein above is true and correct to the best of my knowledge.

SWORN at Kampala by: the said KATUMBA SHRISESTOM .....dayof ...... - "-.. ...2014 DEPONENT BEFORE ME I Me Drawn a Filed by; MIS Lukwago & Co.

Advocates l' Floor Media Plaza Building Plot 78 Kira Road P.O Box 980 KAMPALA THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA MISC.

APPLICATION NO..IE.
APPLICATION NO..IE.

!...OF 2014 (Arising from Civil Suit No.

0355 of 2011) __-6T'\ 4fl t .

sj- J :::::::::::::::::::::::::::::::::::::::::::: APPLICANTS I 1.

MAGUMBA ABB\ 1 MEDI NSUBUGA 2 I MIDI KISITU MUTES ESIRA.

W. WAMALA EDWARD SHEIKH NGOOBI KATEREGGA KASIMI MATOVU DEBULA KABUGA HAKIMU I KULABIGWO SEMUGERA FRANCI MUSOKE SEKITTI JJUKO \.... ALl ALIAS FIGO MUKISA NALUSWA CHARLES -VERSUS- DAN KWATAMPORA KATARIHWA :::::::::::::::::::::::::::::::::::::::::: RESPONDENT 1.
Summary of Evidence As per the affidavit of the Applicants and Katumba Chrisesfom 2.

 3.

 4.

 5.

 List of Witnesses The Applicants Katumba Chrisestom Others with leave of court.

List of Documents As annexed to the Affidavits of the Applicants.

Others with leave of Court List of Authorities The Civil Procedure Act.Cap.71 The Civil Procedure Rules SI 71-1 Case Law Others, with leave of Court.
DATED at KAMPALA this ......... ....... day of .. f.......... 2014 COUFSEL.-FOR"TAEAPPLICANTS FOR: MIS EIJKWAGO & CO.

ADVOCATES Drawn & Flied by: MIS Lukwago & Co.

Advocates 1St Floor Media Plaza Building Plot 78 Kira Rood P.O Box 980 KAMPALA j Rampala KDLB/C/4/14 OurRefi Your Refi ttrtct I an'b Jgoarb RO.Box 4.17 KAMPALA UGANDA TEL: 258413 16th April 2014 The Chief Executive Officer, Buganda Land Board, P.O.

Box 14205, Kampala.
Box 14205, Kampala.

Dear Sir, .. RE: KAMPALA CITY ABBATTOIR, OLD PORTB ELI ROAD Refer to your letter dated 8th April 2014 in respect of the above matter, copy of which is annexed hereto for ease of reference.

I have perused the documents you submitted to me in support of the said complaints and I made a search in the land registry.
We have therefore ascertained that the title you presented in respect of FRY 94 Folio 18 Plot 42 Luzira road was registered on 28th May 1963 in the names of Buganda Land Board vide instrument No 154992 at 10:50 am.. Later it was vested/transferred in the names of Uganda Land Commission by virtue of Art .103 of the Constitution of Republic of Uganda.

This renders the lease offered to KCC void as there was a subsisting interest on the said land.
Accordingly, we have commenced the process of rectifying the register and the relevant authorities are hereby informed to take prompt action.

In the meantime, the Commissioner Land Registration is hereby informed of this development.

Yours faithfully, Yusuf Nsibambi, CHAIRMAN KAMPALA DISTRICT LAND BOARD CC.

The chairman Uganda Land Commission Kampala Ministry of Land, Housing and Urban Development Kampala Cc.

The Executive [)ire::lor KCCA Kampala.


29 October 2014 I. T'he Chairman Ugaida Land Commission, 2.

The Commissioner Land Registratiori/MLHUD l)cai Siii Iviadarn, RE: LAND HOUSING THE KAMPALA CITY ABBATTOIR Reibrence is made to the aforementioned subject upon which i wish to address you as hreunder.

Flat we have learnt that Kampala City council was irregularly issued with a land tit:Ie by Kampala Diirict Land Board.
This land forms part of the estate that was confiscated ftom Bug6:ida 1< ingdom and "ester!

in Uganda Land Conl•biissiph vide AriicI 108 of the 967 Constitution; and our laid Title is comprised in FR'!

94 Folio 18.

This laiict•has since l. August 2013 been returned to Bugan.da K ngdoni.

'hc iriegularit' stems from, the fact that Kampala District lafld Koard issued a lease in error whilst the controlling authority then was Uganda Land Commission with a Freehold Title.
The KCCA lease was not issued out this pre existing Freehold and KDL.B could not give away what it did not have at a time and we are puisu in all legal efforts to remedy this error.
We are also l i nvustigating crct.imstances under which there was alteration of plot:s from the oiigiiial plot '12 to 1 & 3 As a controlling authority ibr l3uganda Kingdom and agent of K.abaka Of Bugancla we appeal to you l' j)re\'a ii over all the interested parties not to nterferc further with the status as we seek an am ical.

le etilemen 1. .

''taIs haiti Iiily, IK&v laTyc.

MaleI) (liiell'xceutj'' Otiicer/Iuganda I.a!I(I l4iarti t. e. lK;ttikkiro 1)!
Ittg•tticla B I) KM D Secure your tenancy on Kabaka's Land, register your Kibanja or ob'tain lease now Cc.

Minister For Presidency & KCCA Affairs Cc.

Minister for Lands , Agriculture & Environment!

Buganda Kingdom.

Cc.

The Executive Director KCCA.

Cc.

City Abartoir Traders Development Association Cc.

Chairman, Kampala District Land Board.

Cc.MIS Basajjabalaba Hides & Skins Compai'iy Limited.

13 D > K MD 1~ I I - .

Ag 7 O72 977 3 I .

 ,. '


r' c5 ;- c, '-• i ' -" .... .. _._: ..

Date CATDAIGEN/16 'Ui Ref .

... ... ... V. .. our Ref: }.

.

 .

.... .......:- ............ The Cabinet Minister of Kampa l a Capital Ciy Auth ritv Kampala, Uganda Dear Sir!

Madam, .

 .

 .. RE LAND OCCUPIED BY lift CITY AB' i [UH ON OLD PORl BELL ROAD; I'LOTi & 3 OLD 1 1 01<1' FftL1.

ROAD LUZIRA (LUFULA) l.eFerence is made to the above caption.
our executive \A/e, the operators of the abovementioned al,) ~ Wo ll committee members of CATDA had a meeti.nw i tb I 'I is Ixceilency The resident made it I resideit on the 28 11, of March 2016.

In that mcet it cle;.i r that the a ha tkn r was fo r the \Iend is, wIt and trade therein shouldn't be interlered with by priVate iil(1ividH,ILft ::!iLutory authorities; to ensure a but that the responsible statutory authoril C: pcacel:u I stay by the vendors in LI e ina rkct .
A py of the reported proceedings at statehouse is attached to this let1t' ni y OLti reference:;: ' lu uI I try t h ', .

It i upon We It soii that we t que t \ nit he dii eçttvc t±h the President in C1 7 17ect 111d as( hi ck h; i.

 ii iii.

 Formally allocate the market to thc siLt it my, lot mall',' a I bc.. I1Lftl;l mc.

mit ni tI u t'oiimmnittei ol (A IDA.

I lobd a iii'L ii it.

w i Iii LI It )r, It Ic thc.


 ' Vet my, i'' ties Iftil sI u tim 1 I I ' m Id I v t I te \/ei Rh 'I /'\m i\' ltt'l m'i lc.lCm'c.

'.l L it-; III tim i; lv ~~ .

,, Ird \\'I II i I .

 I :•' , ii te iiigeii)c'tiL .i\()N A BLI:' market '- rzx S We'll apprecicite \'our expedient response to tN.
: Yours Sincerely, Abbey Mugumba Chairmart CATDA ---... Cc: The State Minister KCCA Cc: The Inspector General of Police Cc: The Executive Director 1<CCA Cc: The Lord Mayor KCCA Cc: The Member of Parliament Kampala Centr.ii Cc: The Resident City Commissioner Kampali il/ (.
Vj ADM/36/39/01 19 0, ()c Lobe r 20 1 I 'l'hc V.xc(:Ll i\'c ) i rcct.or Kampala Ci lv (JoLt iici Aij Lhority P 0 Box 701 C) KAMPALA STAND OFF BETWEEN CITY ABATTOIR TRADERS AND BASAJJABALABA HIDES AND SKINS CO. LTD Rctcrcncc is made to I.hc a hove mnnt.ioned subject.

matter in respect, of which Police h ad to intervene For the pu rosc of a vcrting bloodshed t.ha 1. was Lou nd to happen, and maintain Law arid Order as an environment.

for amicably resolving the dispute is created.


I have since then held a n umber of mcdi ngs .scpara tcly and also to!

n t.ly wit Ii the reprcsent.a.t.ivcs of both pa rtics, the last one being on Sunday I.hc 17 11, of October 201 1.

During these m('e.t.ings, one issue that a rose was the a!lcga liOn that.

t.hc company charges high ICCS that makes it.

difficult for.

Lhc business of [he aba t.toir traders to be profltable.

At.

the conclusion of the d iscussior, both parties agreed that.
KCCA should determine the rates 1.0 he .paid and that.

all will abide by the rates SC) determined.

i',r this reason thei Ibr t.hal.

the parties arced Lhat ftc stt... S quo Ii.

 t the aba Lt.oi r should he maintained with the i ha tt.oir traders doing their business and the ma nagernenl.

of the company doing I heir routine Work other than the collection of Fccs/ dues from the aba 1,t.dir tr.idcrs.
This was a tcnpora rv mea sure to ensure the cessa t.ion of hostilitics to enable the Kampala .'

Cit (Jou neil Aut,hori t.y determine the rates,!

Ices 1.0 be henceforth paid by the a Out ioi r traders IC) the C:omflp fly.

The purpose ol t.h is omrnunicat.ion, therefore, is to request that t.hc determination of the rates he expedited so that normalcy returns at.

the Cil.\'.

Abat.toir.

 .

Maj. Gcn.

Rile Ka;ihura INSPECTOR GENERAL OF POLICE Copy to: 1.
MiS I :isajja.bakba Hides &, Skins Co. Ltd 2.

M /S Ci tv Abat.toir Traders Develop.

Association ( c Millister For Piesidency & KCCA Affans Co. Minister for Lands , Agriculture & Envroninent/ Buganda Kingdom.

Cc.

The Executive Director KCCA.

 •.

 .. Cc.

City Abartoir Traders Development Asociation Cc.

Chairmn.

Kanipala District Laud Board.

Cc.i\'l/S Basájjabalaba Hides & Skins Company Limited.

BD>KMD IuL_ A-t4f'&e ampI.


it Itp utborttp OFFICE OF THE EXECUTIVE DIRECTOR POBOX7O1O KAMPALA REF: DLA/KCCA/1104 1 November 2011 THE INSPECTOR GENERAL OF POUCE U3ANDA POLICE FORCE POLICE HEADQUARTERS P.O.

Box 7055 KAMPALA Dear Sir.


RE: STAND OFF BETWEEN CITY ABATTOIR TRADERS, AND BASAJJABALABA HIDES AND SKINS CO. LTD Following our letter to you regarding .d,etermiiiing the rates payable betweefl BASAJJABALABA HIDES AND SKINS CO. LTD and CiTY ABATTOIR TRADERS; dated October 27 w , 2011 Ref: ED/KCCA/1104.

we wcuid Ilke to bring the following to your attertion. '
Section 6 of THE LOCAL GOVERNMENTS (KAMPALA CITY COUNCIL) (MEAT) ORDINANCE, 2006 provides that the Council shall determine the fees payable for the slaughter of animals or birds in a slaughter.ho.use.frorn time to time.

This section however envisages a situation where the Council is collecting revenue from the traders/the abattoir and is a beneficiary of the fees payable hence the need to set the rates.
in the current state of affairs, BASAJJABALABA HIDES AND SKINS CO. LTD is the sole collector and beneficiary of the fees payable and no money has been remitted: to KCC or even KCCA from the time the abattoir was teased out in 2001.

After the property was leased out, the then Kampala C:t.v Council (KCC.)

didn't collect any further revenue from the Abattoir and 101 ih -i ha 110 ii.
reason did not set any rates for theslaughter of animals at the ri our last letter to you, we had planned to act as, a mediator between the parties and requested that they submit to us the rates currently being paid and their proposed rates so that we help them agree on a rate favorable to both parties.

This however was not done.


A'hiIe BASAJJABALABA HIDES AND SKINS CO. LTD wrote to us proposing a rate of 15,0001= per animai slu.ghtered, the CITY AB1AT'TOIR TRADERS info.rmed us that they could not sit on the same table with the rmer to discuss rates since they were contestin/going to challengétheir iu1hoiv and ownership Of the abattoir in coUrt.

They also informed us that .iere was an existing court caethat had been filed by Dan Katarihwa K..;.
'aampora against the CITY ABATTOIR TRADERS to determine the same The purpose of this letter therefore is to inform you that no progress has beefl made in determining the fees payable at the abattoir since the parties avE refused to meet and agree amicably.

also liketo inform you that the challenges cUrrently being faced '/•e by BASAJJABALABA HIDES AND SKINS CO. LTD and ClTYABATTOlR.
TRADERS are beyond the controlof KCCA and can only be resolved by Court and the Uganda Police which we pray will continue to.keep the peace maintain law and order at the abattdir.

MiKE OK*JA / DIRECTOR L'EGAL AFFAIRS cc: :c cc: ,The Executive Director, KCCA.
City Abattoir Traders LsajjabaIab2 Hides and Skins Co. Ltd. CITY ABA1TOIR TRADERS DEVELOPMENT ASSOCIATION PORTBELL ROAD-LUFULA KAMPALA (CATDA) ..-...7.7327 i 0772-447259 Traders and Executive Lufula Kampala City Abattoir Port bell Road Date: 4th August 20 * h, U6, ' FIC-E The Executive Director Isampa1a ulty Lapital Authonty (KUCA) KAMPALA.

Dear Madam, RE: MISTREATMENT AND DISATISFACTION IN RESPECT OF OUR WORK PLACE —LUFULA KAMPALA CITY ABBATOIR —PORTBELL ROAD.
We congratulate you upon your appointment in this new office.

As traders under (CATDA), we do register our complaints to you concerning the existing rnistreatmnt towards the traders since Mr. Basajjabalaba took over the management of the City Abattoirfter having won the tender which for along time has never been re-advertised.

Failure to offer the management before other competitors gave Basajjabalaba extra ordinary powers to do as he wishes in terms of the following:- He introduced a tax of Shs.
2,000/= on each cattle which entered into the market.

He increased the charges from Shs.

5,0001= to Shs.

12,0001= on each slaughtered cattle He refused to pay his workers who slaughter the cattle leaving the traders to pay an extra Shs.

5,0001= as slaughtering fee to them, therefore a trader has to incur a total of Shs.

17,000/= on each cattle which amount is too high for us.

Yet all this fee (Shs.

17,0001=) is not recorded on the receipt given to us.

We are just given a blank receipt.

 .


The premises and other facilities used in the Abattoir.are dilapidated unlike the position they were in when he (Basajjabalaba) took over .

from City Council.

This situation has left most of the traders seriously injured and has also caused death to some traders.

There is insufficient Electricity and Water in the Abattoir.

Toilet facilities are too poor yet we pay Shs.

200/= each time a trader visits the place.

And Shs.
And Shs.

5001= a trader goes to the birth room.

Once a trader loses cattle normally due to negligence of the Company workers there is no money paid back to that trader resulting into loss of the business.

As leaders of the traders, we were denied an opportunity to have an office in Kampala City Abattoir.

Though the government has been extending money for traders in the markets, this chance has never been enjoyed by us the traders in Lufula Kampala City Abattoir.
In the government policy, President Museveni handed over the management of each market to the traders who work in those markets to run it by themselves, but why doesn't Lufula City Abattoir management be handed over to the Lufula traders themselves to run their own affairs?
We therefore, request you to make inquiries about all the above mentioned problems; to see to it that the management of Lufula City Abattoir is handed over to us the traders in this market; instead of a single person who manages it and yet he is not even a trader in this market.

We request that our problem be handled carefully, Madam Executive Director.

We remain the Traders and Executive, Lufula Kampala City Abattoir, Port Bell Road.
44 ......................................................................... MUGUMBA ABBEY CHAIRMAN - CITY ABATTOIR TRADERS DEVELOPMENT ASSOCIATION - PORTBELL ROAD, LUFULA-KAMPALA.

cc.

 cc.
cc.

 cc.

 The Lord Mayor - KCCA The City Advocate, KCCA ill aj /" 1' MW Ref: LM/KCCA/MTNG 161h September 2011 The Chairman City Abattoir Ttaders Development Association A CONSULTATIVE MEETING In reference to your petition dated •23' August 2011 regarding the above subject 1 the Authority deemed it necessary to conduct a fact finding mission before any response in made as per your request.
I would therefore wish to notify you that the Authority members will be coming to interface with all the City Abattoir Traders on the challenges affecting your business.

.. You are, accordingly requestedto make all necessary arrangements k' September 2011 at 10:00 22Iid receive the Authority team on Thursday a.m. at City Abattoir.

Lukwago Erias LORD MA'{OR c.c.


Executive Director THE REPUBLIC OF U ANDA (( jD IN THE HIGH COURT OF UGM DA AT KAMPAlA (LAND DWISIC 'J) H.C.C.S NO 1150 2014 DAN KWATAMPORA KATARIHWA :::: ::::::::.PLAlNTWF VERSUS I3ASAjJABALABA HIDES &SKINS LIMITEI DEFENDANT/ [S[.1SJj DECREE This suit coming for final disposal pursu.

.t to a consent judgement executed and filed by both parties on recoi i in the presence of their respe'tive counsel, on the'..day of.. ..... 2014.
IT IS HEREBY DECREED as follows; The Defendant pays to the Plaintiff U( X 1,500,000,000= (Uganda Shillings one billion five hundred mifflo i only) immediately being the equihient of its hitherto interest in lots 1 and 3 Old Port Bell Road (here in after referred to as" the suit roperty").
The Plaintiff shall immediately upon rece pt of the sum in dause I above ,execute a deed of surrender of the $ub-lease in respect of the suit .erty in favour of the Defendi nt and also immediately vacate and handover possession thereof to he Defendant The Commissioner of Land RegistratIon s ail cancel the plaintiff's sub-lease and substitute it with that of the d 'fendant.
If the plaintiff fails to comply with clause above, the defendant shall be entitled to obtain vacant possession the eof through execution.. Each Party shall bear its costs of the suit.

We Approve; /....../ COUNSEL FOR THE DEFENDAJ IT/COUNTERCLAIMANT GIVEN under my hand and the seal of I te Court this.

(Lday of .................2014 .

REGISTRJ .

/ Extrgcted by:- MIS Kyazze & Co.

Advocates, Plot 2 Parliamentary Avenue Mezzanine Floor, Jumbo Plaza P.O.
Box 3064, Kampala IMU 'w OFFICE OF THE PRESIDENT PARLIAMENIBUILDING P.O.BOX 7168 KAMPALA, TELEPHONES: 254881/6, / 343934, 343926,343943,233717,344026.

23Q048, FAX: 235459/256143 Emaij: secretary@op.go.ug , Website: www.officeofthepresjdent.goug MOP/47/1 October 28th, 2014 The Executive Director Kampala Capital City Authority (KCCA) KAMPALA.
WRANGLES BETWEEN BHS CITY ABATTOIR AND CITY ABATOIR TRADERS DEVELOPMENT ASSOCIATION (CATDA) In order to restore sanity, harmony and proper regulation of the abaitoir business, the two organizafion.s named above agreed in the meeting held in the Minister's Board room as follows: That KCCA takes over with immediate effect the management of City Abattoir at Plots 1 -3 Old Portbell Road.

: That KCCA collects fees and dues from the individuals operating \fróm the said property.
That KCCA considers the leasehold by BHS with the view of buying the land back and further negotiate the terms and condit ions under which KCCA is to take over management of the Abattoir business at Portbell plots 1 3; This undertaking be formalized into.

Mërrorandum of Understanding.


That effort be made by Government through KCCA to buy off BHS interest in the land situated at Port bell road Plot 1 3 in order to utilize if as a common user facility for abattoir business for the Kampala business community in line with the President's pledge and commitments.

That police avails the necessary manpower to facilitate the Jake over process and maintains peace and order.
The above agreed points were thoroughly discussed and agreed by all parties and stakeholders present.

These were: Minister of Lands, Housing and Urban Development represented by Ministry of State for Housing, Hon.
Sam Engola KCCA Executive Director's, representative duly authorized by herself in the names of Waligo Emmy, The Inspector General of Police represented by SSP- Okugu Juma who was duly authorized by the Commandant Kampala Metropolitan Police and myself who was holding the Portfolio of Minister for Presidency and Kampala Capital City Authority at the time.

You are therefore, requested to comply and implement the above resolutions as resolved and agreed.
Attached are the minutes of the meeting and the attendance list.

Thanking you.

Banki Henry MINISTER OF STATE FOR ECONOMIC MONITORING ALSO HOLDING PORTFOLIO FOR MINISTER FOR PRESIDENCY AND KCCA CC: The Rt.

Hon.

Prime Minister Minister of Lands, Housing and Urban Development Inspector General of Police Principal Private Secretary to H.E.
the President The Managing Director, BHS City Abattoir The Chairman, City Abattoir Traders Development Association (CAIDA) MEETING BETWEEN MINISTERS IN CHARGE OF THE PRESIDENCY & B.H.S WITH CATDA ON CITY ABATTOIR HELD ON 28T11 OCTOBER 2014 ON 3RD FLOOR NEW BUILDING, MINISTER'S BOARDROOM.

PRESENT Hon.

Henry Banyenzaki Hon.
Sam Engola Musisi Mubeti David Waligo Emmy Kyamugire Adrian Minister of State for Economic Monitoring, Also holding the Portifolio of Minister in Charge of the Presidency & Kampala Capital City/Chairman Minister of State for Housing 0701509183 KCCA - Legal 078 1-505 120 Basajjabalaba Hassan 0755-881000 Caleb Alaka Basajjabalaba Nasser Kisenyi Mpanga Titus Kaguta Dan Nsubuga Muhammad Kamali Pascal SalimNgobi HajjiBadru Mugumba Abbey Kasumba Patrick 0752-050146 0392-940822 0752-522794 0772-898533 0772-977327 0772-417679 0772-503897 0772-480333 0772-447259 0772-434009 SSP Okungo Juma (KMP)CPS 0718-73 1770 Musinguzi Alex (Admn) 0794-660384 Keneema Leocadia (PA) Minute Secretary AGENDA Communications from the Chair Remarks from Basajjabalaba Hides & Skins Co. Ltd (BHS) Remarks from CATDA Remarks from Executive Director, KCCA Discussion Way forward MIN 1/10/2014 COMMUNICATION FROM THE CHAIR The Chairman called the meeting to order at1l:45am.
He asked members to introduce themselves.

He informed members that the purpose of the meeting was to harmonise the misunderstandings between M/S Basajjabalaba Hides & Skins Ltd (BHS) and City Abattoir Traders Development Association (CATDA).
MIN 2/10/2014 REMARKS FROM BHS The submission was presented by Hassan Bassajjaba.la claiming that his property is being illegally used by the traders under their Association 'City Abattoir Traders Development Association' (CATDA) and he is not benefiting from it for three years now.

That Court ruled in his favour but he has since failed to gain access to his property.

He requested that he wants his property reverted to his Company.
MIN 3/10/2014 REMARKS FROM CATDA The traders claimed that they lodged a case in court contesting ownership of the property and it is pending hearing on 24 th of November 2014.

They claimed that the land belongs to them and that Basajjabalaba fraudulently obtained the lease.

The Chairman guided that the case in question was lodged in 2011 and has since been discharged.

The current status is that in 2014, Court ruled in favour of Basajjaba.laba as the rightful owner of the property.
MIN 4/10/2014 REMARKS FROM EXECUTIVE DIRECTOR, KCCA The ED, KCCA was represented by Mr. Waligo Emmy and made the following submission.

KCC leased the property to M/S Basajjabalaba Hides and Skins Co. Ltd on 401 June 2001 for 49 years.

Accordingly the property is in the hands of BHS.

In 2003, M/S BHS subleased the City abattoir to Dan Kwatampora Katarihwa.

This sublease expired and M/S BHS Co. Ltd regained control over the abattoir.
It was observed that since CATDA took control of the city abattoir, they have not been paying rent, taxes and any other dues to KCCA, Ministry of Lands or any other Government Agency.

The traders agreed that if they are assessed by KCCA, they are willing to pay taxes.

MIN 5/10/2014 DISCUSSION The Hon.


Minister of States for housing also concurred with the KCCA's stand, that the rightful owner of the City Abattoir is Basajjabalaba Hides and Skins Co. Ltd. CATDA prays that Government secureq for them land in the same way they have done with Wandegeya market and other markets.

BHS accused police of protecting members of CATDA to the disadvantage of BHS.
The Police representative denied this allegation and informed the meeting that their duty was to protect the lives of people which were in danger.

MIN 6/10/2014 WAY FORWARD The meeting made the following resolutions: 3 KCCA takes over management of the City Abattoir with immediate effect.

The Police should make sure that KCCA staff is allowed access to the premises and ensures peace and order.

KCCA to take inventory of individual traders in the abattoir with a view of collecting revenue from them.
Traders should start paying dues to KCCA on individual basis as assessed by KCCA.

KCCA to consider the lease taking into consideration the interests of the leaseholder with the view of engaging Government to through KCCA to buy off BHS interest in the land situated at Portbell Road Plot 1-3 in order to utilize it as a common user facility for abattoir business for the Kampala business community in line with the President's pledge and commitments.
A Memorandum of Understanding between KCCA and BHS should be made.

A meeting between lawyers of both groups should be convened to work out the modalities under which the above resolutions will be implemented.

The Hon.

Minister and teams from Ministry of Lands and KCCA to visit the City abattoir on Thursday 30th November 2014 and address the traders.

The traders' representatives to talk to the traders and brief the Minister at 4.00pm on Wednesday before the Thursday visit.
If need be, a meeting between the traders and H.E the President can be arranged at an appropriate time.

12 The meeting ended at 1.45pm.

Chairman .

.. ................ Sig n Date ..... .ki ............. Secretary Sign Date.... 2%/.i( 'I LOCA(.

AOMXN KAMPALA PTELEGRAMS: FAX No PERMANNT$ECRETARY MINTSTER ................................. 347339 .

258127 TELEPHONES: GENER.A(.

LINE .233513/341224 MINISTER .

341279 MINISTER OF.STATE • 342368 PERMANENT SECRETARY .
256533 DIP.ECTOR LOCAL GOVT ADMIN & INSPCT.

254301 .. COMML5S!ONERLOCALCOUI4CILSOEV ......258100 343785 DIRECTOR DECENTRALISATION, SECRETARiAT...... 342864 UNDER.

SELRETARY FINANCE& ADMI N ....... 258120 COMMISSIONER LQpL.

GOV .ADtI ... ..... 11O1 ASSIVANT COMMISSIONER PI.ANNING......?

4 28 S4 l:pSOg.QO'.Uq.

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Ii.

IN CASE OF ANY CORRESPONDENCE ON OFFICE OF THE MINISTER MINISTRY OF LOCAL GOVERNMENT P. o.

Box 7037 KAMPALA.
Box 7037 KAMPALA.

UGANDA THE REPUDLIC OF UIANDA THIS SUBJECT PLEASE QUOTE 23 eernder2iO All :istrUtCh irpersons ..AJ1M%/ors M harperon of ToWn Councils PDLICY ON .

SELL OF MARKETS' LAND, DEVELOPMENT AND iMNAGEMENTIN THE CITY, MUNICIPALITIES AND TOWNS - - .M::you: may be ware, therewas a lot of controversy, outcry and civil u'nst over the land sefl, development thd management of some markets injKampa`16 City, Municipal and Town Cotincils in the country.
There 'he been continued atternpts by some urban authories to some of these markets to.

private developers/investors, hpliazardl' re-deelopment and privatising the management of markets in total disregard to fairness and equity.

Thesedecisioqs have disadvantaged isrãded the inërests of the sittip market vendors, government pøiicies ..and directives.

:n Mgrt cif the boVe, I àrh, under Section.


95 to the Local Government Act and StiOh 2 to The Markets Act, providing gUidance to the sell, evélornntahd ma'náemènt of rnarket in urban areas: ' 3) .
No Urbár rrárket land shall be sqd/disposed wfthout the consent and approval of the Ministry of Local GOvernment, ) Theth.kets,s.haji remain where they are, as public social properties and there shafl be no change of use, subject to the Town and Country Plrrnlng Adt :)The siWng market vendors jointly shaH b free to redevelop thE markets odft1ohthat they can nobilisefurds, have the capacity to construct nidderPiiiarkets meetin.
universally :acceptable standards and •have redhcèssary approvals from theirrespectve Urban Councils, ) Irith& eve t\th'at the market Vohdors are unable to raise the required fdt6rbrI'uct id mbderciisè thi markets, they shall be free to identify a ?i& with whom the':canOkresoutdes and reconstruct.
the market jdtly, / AU programmes requiring demolition, reconstructions, closing or b'ii1of market§ must first be submitted tothe Ministry of Local 6vernment áid thé repective'Local Gcvernment councils for scrutiny ad aproval' añ& the siWi - gfexistin 'vendors?

shafl •be kepL fully fqth1ed n&ivdl''ed in these programmes before .they commence, the event that the market vendors tail to fulfil terms (c) and (d) oove, the ministry in partnership wiftj the local governments shall construct the markets.
Upon completin, the new structures will be ,Jthd-/ieased'to the individual market vëñdors giving first priority, to the ltPE'd sitting/existing vendors, 'The sitting and registered tenants fr stalls (emdaJa), Kiosks, lock open spaces, eating places etc.

in.t:e markets shall all form one and istered market vendors' associations's1aU be given the first priority to iubrellä market association.
The deiocratica(ly instituted L velop and manage the markets, lb private' companies or individuaI persons other than market ndors' associations shall be allowed todevelop or manage markets.

te companies and individual persons with running management itracts to run markets should be allowed to complete their contract ds and thereafter the management of markets will revert to the•.
e. well 'organised and have ;.....ors associations, provided, they rnstrated capacity to manage and de'elop the market,.

r (I) A management contract or rnernorandum of understanding will be signed by the Urban Council .arid the Market Vendors' Association: clearly stipulating the timefrarne, roles ,.and responsibilities in collecting garbage, renovations, order, adherence to.

ark tra.cle, zones, security of the facility and merchandise,, market information, use of com,mon social facilities (i.e.
toilets and walk wys) 7 .

cortroIjof accountable.

stationery(receipts/titkets), controlling ;th;'flIJfl 1b.ers '9 vendors in.. view of the carryin ..cap.acity strucure/fa.

es of the market, collecting and sharing of legitimate market dtes/ren,t determind by the council upon approval by the Ministry, (j) In the event that the market: vendors assodationhave no capacity tOr, mahàge the market;, the urban councikwil!
.identify an officer ampng, staff; nbtbelow the iank of U3, tomana.gè and supervise the market for a given..

period.

:of tim.Among the.

duties:.and roles of ..this staff will be to temporary manage and control the market,.

nurture and build the capacity of market vendors to enable them manage the market on.their own.

policy 'guideline's' regarding the sell, development The purpose of this communication, therefore, is to inform you of,the.
g aFnn.i'en -a'nd1 'management of markets in Kampala City and other urban authorities.

hope the market policy guidelines will help tQ protect the interest of the market vendors and urban councils.'

And, minimise disputes among market vendors, market vendors and urban councils regarding, the sell, reconstruction and management of urban markets.
These policy guidelines 'supersedes' all other Guidelines, Circulars, Instructions and Notices that have been issued by the Ministry' regarding the sell, development and management of markets in urban area's.

H Ado.ff'Mwesige, MINISTER OF LOCAL GOVERNMENT Cc: The Rt.

Prime Minister, Office of'the Prime Minister, Kampala.

 Cc.

Hon.

Minister, •Ministry of Lands, Housing arrfrbn:peve1opment, Kampa.

Cc: HOn.
Cc: HOn.

Minister for the Presidenc • Office of the President, Kam Cc: Presidential Advisors Hon Sam Lyomok, Mr. Kyoñgo'NkajjáGodfrey, Mr.. Kahirita Christopher, Ms.. Winnie Twine.

Cc: : PrihCipaI Private Secretary to e Presdent1 âte 'House;Entebbe Cc: All Chief Adrninistrative = Cc: AliTown Clerks.
PIAN lresources Jointy, - dors' Association clearly stipulating the lime- ame, roles and responsibilities in respect lo; collecting garbage, cnovations, order, adh'r-j l4 tte46 the demolition, ence to market trade zones, security of the f.. .

facility and moihandiso, market information, use of commn social facilities (i.e.

toilets an walk ways), control of accountable stationery (receipts/tickets), controlling the numbers of vendors in view of the carrying capacity.
structure/facilities of the market, collectin.

and sharing of legitimate market dues/renI determined by the council uponpproval by the Ministry,.

nt"cljncfIè.

 id eslt- ke'tftiJy se p,o.. ?- once pjndors - o4te )In the event that the market vendors as- soion have no capacity tó,iianage t$ Ociat 4?market.

the urban courtcll i idontltyin.

officer among Its staff, notbelow the rank..of.

Us, to manage and sUpervise the market for j.a given period of time.
Amongthe duties and roles of We staff will be to temporary manage - and control the market, nurture and build the Iransp: .

capacity of market vendors to enable them manage the market on their cwn.

LUJISTRYOF ner with whom they and reconstruct the (e)All programmes markets must fifat Ministry of Local 0 respective Local .0 for scrutiny andap ting/exlsting vendo lnformedand Involl gramntes before.

th •(f$ln the,eventihat fal!


Upon cc be renta vendors tered sit stalls Icets As you may be aware, there was a lot of controversy4 outcry and civil unrest over the land sell, develop- ent and management of aome mar- kets In Kampala City, Municipal and Town Councils in thecountry.
There have bean continued attempts by some urban authoritieslo sell/lease some of these markets to private devel- opors/investors, haphazardly re-devel- opment and privatising the management of markets in total disregard to fairness and equity.

Those decisions have disadvantaged and disregarded the • Interests of the sitting market vendors, government policies and directives.

In light of the above.
I ant, under Sec- tion 95 to the Local Government Act and Section 2 to The Markets Act, providing gUidance to the sail, development and management r'f markets in urban areas: (a)No urban market land shall be sold/ disposed without the conse'nt and ap- proval of the Ministry of Local ,Govern- mont, (b)Tho markets shi remain whore they are, as public social properties and .Jore shall be no change of use, subject tho..Thwn and Country Planning Act, (c)Tfte sitting market vendors jointly shaU be free to redevelop the markets on condition that they can rbobIse funds, have the capacity to construc -.
modern markets meeting universallyS.

acceptable standards and have receivod the necessary approvals from their re spoctivo Urban Councils, ed and registered soclatlonà shfl be 01en the,l to redev81opnd it8nage thU (h)No private comp&les or in persons othe..yj sociatlons shatFbeIlq4o- or rn and mM 8hOUId be contrUcp well j:.

The pI'ose of this press release to the pub nsUtt_:!
lic is to Inform you of thegovernmcrd policy rs - guidelines regarding the sell, development priority and management of markets in Kampala CiL and other urban authorities.

I hope the marke oolicyguidellnes will help to protect the inter-- est of the market vendors and urban coun- cils.
And minimise disputes among narkt ..,; ,vendors, market vendors and urban councils regardlng the sell, reconstruction and man- :1t of urban markets.. • - j Ttese policy guidelines supersedes all other 41guidelInes, circulars, instructiond and notices that have been IssUed by the.

Ministry regard- jir the soD, development and management ôl i,marIcets Inurban areas.

(d)tn the event that the market vendors (I)A ma are unable to raise the required funds to .
dum of reconstruct and modornise their mar- kets, they shall be free to Identify a part- i the Urt MINISTER OF LOCAL GOVERNMENT esige _ _ - ULM ii M fl,' .IN.

1KNY CORRES1 ,014DENCE ON i:; t'I%Jl'.r 1 %1 : A ,, 1.1 ()lIO'lC 28th April, 2010 ii t ii:t'uii Ic )I I I;AII '.

I, .

;Iut I P.O.

l3c' L 3iii,:•.

Hon.

Adolf Mwesige Minister Ministry of Local Government - KAMPALA 4tECEIVED RE: SALE OF MARKETS AND TAXI PARKS.
During the pass out celebrations of cadres at Kololo airstrip on 12th December, 2009, several traders petitio.ned me to stop Kamp'ala City Council (KCC) from further selling government markets and taxi parks to individual comdani.es,' like Nakasero market, where thousands of people are opeiating from and I agreed with them.

The continued sale of the jroperties to individuals is dangerous socially and politically bec.ause a lot of people stand to be dprived of livelihood.

This is to .
This is to .

direct you to ensure that KOC enters into negotiations with ie sitting tenants, who should take first priority, e.g.

UTODA for Old Taxi park to buy those properties In their names and acquire land titles as a way of protecting the common persbn This directive :applies to all Municipalities and Town Cothc.ils with similar problems.

PJiSIDN Copy to: Rt.

Hon.

Prime Minister Minister in ci.. arge of the Presidency Minister of Finance Mayor, Kampala City Council.
Town Clerk, Kampala City Council 41 Nil it s) THE REPUBLiC OF UGANDA MEMORANDUM OF UNDERSTANDING BETWEEN KAMPALA CAPITAL CITY AUTHORITY AND BASAJJABALABA HIDES AND SKINS COMPANY LIMITED DRAWN BY Directorate of Legal Affairs Kampala Capital City Authority Plot 1-3, Sir Apollo Kaggwa Road KAMPALA V-~ THE REPUBLIC OF UGANDA MEMORANDUM OF UNDERSTANDiNG This Memorandum of Understanding (herein after referred to as the M0U) is made this L. day of ................ .... 2014; BETWEEN KAMPALA CAPITAL CITY AUTHORITY of P.O.
Box 7010 Kampala Uganda (hereinafter referred to as the Authority"), an .

expression which shall include its successors, lawful assignees and agents) of the one part; Ews M/S BASAJJABALABA HIDES AND SKINS COMPANY LIMITED of P.O.
BOX 4639 KAMPALA Uganda (hereinafter referred to as "the Company") an expression which shall include its successors, lawful assigneesand agents, of the other part; WHEREAS the Company is the sub-lessee of a property comprised in Plots 1 and 3 Old Port Bell Road (commonly and hereinafter referred to as the City Abattoir).
AND WHEREAS the Authority is the Sub-lessor of the said Plots 1 and 3 Old Port Bell Road, which its predecessor in title, Kampala City Council, subleased to the Company for a period of forty nine (49) years with effect from the day of June 2001.
4th AND WHEREAS the Authority is in charge of the administration of Kampala Capital City on behalf of the Central Government and among others, the establishment, acquisition, erection, promotion, assistance or control, with the participation of the citizens, slaughter 69Z 4,4, 2 houses, cold storage facilities and premises for the inspection of milk, meat or hides and skips in the city and the regulation of health standards and the quality of meat offered for sale to the general public in its area of jurisdiction.
AND WHEREAS the Company admits that the City Abattoir is in a dire state of disrepair, poorly managed and with no standard meat handling equipment, thus posing a health risk to meat consumers in Kampala and beyond.
AND WHEREAS the management of the City .Abattoir is currently in the hands of the City Abattoir Traders Development Association (CATDA), which has resulted in the Company's failure to meet its obligations to the Authority under the sublease, and as well, not observing the regulations in place for the management of abattoirs; AND WHEREAS there is a need to redress the above state of affairs and restore law and order in the City Abattoir and the Company is desirous of conditionally surrendering its residual interest in the said property and the City Abattoir to the Authority.
AND WHEREAS the Authority has agreed to take over the management of the City Abattoir to ensure orderly management of the same and implement health standards therein; NOW IT IS WITNESSED AND AGREED AS FOLLOWS; 1.
OBLIGATIONS OF THE COMPANY The Company shall surrender its interest in the said property to the Authority including any incidental responsibilities like collecting dues from individual traders at the execution of these presents on condition that the Authority commits to procure the 3 ( GL4 residual interest of the Company at a market value subject to Clause 3.1 hereof; .
OBLIGATIONS AND DUTIES OF THE AUTHORITY; The Authority shall; 2.1 Upon execution of these presents take over management of the City Abattoir.

2.2 Collect revenue from all traders operating at the City Abattoir on a day to day basis.

2..3 Provide all necessary security at the City abattoir and ensure that the same complies with the Authority's operational policies for abattoirs.
2.4 Ensure that the traders at the City abattoir comply with all its rules and regulations including health and safety standards and its policy on the management of the City abattoir.

3..

THE PARTIES AGREE THAT: 3.1 The Authority's purchase of the residual interest of Company shall be subject to the following conditions; Approval of the procurement of the residual interest of the Company by the Kampala Capital City Authority; Availability of funds for the purchase of the residual interest of the Company.
4 c) Due process of procurement in accordance with the Public Procurement and Disposal of Public Assets Act and Regulations thereunder and any other relevant laws.

3.2 That in the event that the Authority is not able to satisfy the conditions in Paragraph 3.1 within the duration of this Memorandum of Understanding the parties shall share the revenue accrued during the period when the Authority shall have been in the management of the City Abattoir.
3.3 The apportionment of the revenue between the parties shall be determined after assessment of all the costs of managing the City Abattoir.

In the event that there is a fundamental breach or inability to achieve the objective of this Memorandum of Understanding, the parties shall mutually agree on the revenue arising from the collections to be apportioned between the parties.
SETTLEMENT OF DISPUTES 5.1 The Parties hereby agree to use every effort and endeavor to settle amicably any dispute, claim, controversy, disagreement and/or difference of whatever nature ('Dispute') arising out of or in connection with this Memorandum of Understanding or relating to the legality, interpretation, performance, breach, termination, rescission, or enforceability thereof within sixty (60) days.
To this end, the disputing parties shall each promptly but in any case not later than fourteen (14) days in writing appoint representatives who shall meet promptly and attempt to resolve any dispute arising between them within sixty 60 days.
5 5.2 In the event that an amicable settlement has not been reached within sixty days after the Parties' representatives meeting pursuant to Clause 5.1 hereof, the Parties shall first refer such dispute to arbitration in accordance with the Arbitration and Conciliation Act, Cap 4 Laws of Uganda and the Arbitration Rules there under, by a three person arbitration committee appointed by the Centre for Arbitration and Dispute Resolution (CADER) before recourse to Courts of Law in Uganda.
The place of arbitration shall be Kampala, Uganda and the proceedings shall be conducted in English.

AMENDMENT AND REVIEW 6.1 This Memorandum of Understanding may be amended by mutual consent of the parties.

6.2 This Memorandum of Understanding in general and Clause 3 in particular shall be reviewed by the parties after a period of six (6) months.
TERM AND TERMINATION: 7.1 The Term of this Memorandum of Understanding shall commence on the date of execution by the authorized representatives of the parties hereto and shall be for a conditional period of eight (8) months; 7.2 The provisions of Clause 7.1 notwithstanding, this Memorandum of Understanding shall be renewable upon 9/ mutual written consent of the Parties, which consent shall not be unreasonably withheld.
7.3 In the event of a fundamental breach (or requirement) relating to the enforcement of the terms and conditions of this Memorandum of Understanding, the affected party shall notify and require the other party to remedy the breach or provide the requirement within 30 (thirty) days effective the date of the notice or occasion of that requirement.
7.4 If the party required to provide the remedy does not do so in the agreed period, the affected party may at its sole discretion carry out the remedy at the cost of the offending party or elect to terminate this Memorandum of Understanding with a 30 (thirty) days' notice upon failure to comply with the provisions of this Memorandum of Understanding or any other lawful cause.
7.5 The cost of providing the remedy or any cost occasioned by or arising out of the acts/omissions of the offending party shall be redeemed by the offending party.

7.6 This Memorandum of Understanding terminates upon; fulfillment of the objective of this Memorandum of Understanding; or expiry of eight months from the date of signature of this Memorandum of Understanding; or c) notification of one of the parties by way of 30 days' notice to the other party.

8.

GENERAL PROVISIONS 8.1 Governing Law.


This Memorandum of Understanding shall be construed and governed by the Laws of Uganda.

8.2 Notices.

Notices or communications herein required or permitted shall be given to the respective parties by registered or certified mail and the said notice shall be deemed to be given as of the date of mailing or by hand delivered at the following address unless either party shall otherwise designate its new address by written notice.
In the case of the Authority to: The Executive Director, Kampala Capital City Authority, City Hall, Plot 1— 3, Sir Apollo Kaggwa Road, P.O.

Box 7010, Kampala, Uganda In case of the Company to: The Chairman M/S Basajjaabalaba Hides and Skins Company Limited, P.O.

Box 4639 Kampala, Uganda, 9/ d or to such other address as either party may from time to time, by notice, designate.
Any such notice shall be in the English language and shall be deemed (in the absence of proof to the contrary) to have been received and given, in the case of hand delivery, at the time of delivery, and in the case of post, seven (7) working days after posting it.
8.3 Force Majeure Neither Party shall be liable in damages or have the right to terminate this agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license) wars, Insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
8.4 Confidentiality The information provided by either party pursuant to this Memorandum of Understanding and any other matter arising during the operation of this Memorandum of Understanding shall be treated with utmost confidentiality.

48.5 Severability Any part of this Memorandum of Understanding which may be rendered invalid or ineffective shall not in any way invalidate other parts of this Memorandum of Understanding.

( 91 .

4"lzq 9.
( 91 .

4"lzq 9.

EXECUTION 9.1 This Memorandum of Understanding and any amendments hereto shall be executed in duplicate copies on behalf of the Company and the Authority by an official of each, specifically authorized by its representative to perform such executions.

Each duplicate copy shall be deemed an original, but both duplicate originals together constitute one and the same instrument.

9.2 The parties hereto agree to live by the doctrine of utmost good faith in this Memorandum of Understanding.
[The rest of this page has been deliberately left blank] 10 CPZ IN WITNESS WHEREOF the parties and authorized agents and representatives hereto do affix their hands and signatures on the day year and month first above written.

Signed and sealed for: (M/S BASAJJABALABA HIDES AND SKINS COMPANY LIMITED) By: Name: MR. NASSER BASAJJABALABA In the presence of: Name: AUTHO ATIVE OF THE COMPANY 'BED MWEBESA 1 AE.VOCATE ADVOCATE Signed and sealed for: (FOR: KAMPALA CAPITAL CITY AUTHORITY) .
........ EXECUTIVE DIRECTOR In the presence of: z.. DIRECTOR LEGAL AFFAIR 11