Lukwago loses Ugx 47 million taxation appeal against Musisi

Kampala, Uganda | THE INDEPENDENT | Kampala Lord Mayor Erias Lukwago has lost an appeal challenging a tax bill of 47 million Shillings filed by former Executive Director of Kampala Capital City Authority Jennifer Musisi Ssemakula.

The taxation appeal stems from an application filed by Lukwago in 2012 accusing the then Executive Director of Kampala Jennifer Musisi of usurping his powers and passing off as the head of KCCA by holding meetings with traders. Lukwago said that Musisi did not have the mandate to do so.

His application was dismissed by the then High Court Judge Eldard Mwanguhya with costs to Musisi.

During taxation before the Execution Division of the High Court, Musisi’s lawyer; Kasirye Byaruhanga and Company Advocates filed a bill of costs that was taxed at 47 million shillings which the Registry of the Execution court directed Lukwago to pay to Musisi.

However, Lukwago challenged the bill of taxation before Justice Steven Musota, who dismissed the appeal on grounds that it was an abuse of court process since the parties had spent two years without attending court with no explanation given.

“Such dilatory conduct is what is accumulating backlog in the courts of law”, Musota said.

But Lukwago went returned to the Civil Division of the High Court seeking to reinstate the appeal that had earlier been dismissed by Justice Musota.  He argued that Justice Musota had dismissed his application under unclear and non-existent laws.

Musisi’s lawyers led by Dennis Sembuya asked the court presided over by Justice Andrew Bashaija to dismiss the application arguing that the applicant did not exercise his right of appeal but erroneously filed the instant application in the same court, depicting abuse of court process.

It’s on the basis of this that Justice Andrew Bashaija ruled that Lukwago’s appeal lacked merit and accordingly upheld the submissions of Musisi’s lawyers in a decision read to the court by Registrar Sarah Langa.

Sembuya welcomed the decision

Lukwago’s lawyer Nathan Mpenjje said his client will challenge the decision in a higher court.

In 2018, Musisi also petitioned High Court seeking to attach Lukwago’s salary received through Tropical bank in a move to recover the payment.