The office of the Director of Public Prosecution (DPP) is assessing a general inquiry file opened by Divisional CID officer of Old Kampala Police Station in which it names Kampala businessman Mohammed Alibhai as a potential suspect in the fraudulent repossession of properties which belonged to departed Indians.
In a response after carefully perusing through the CID’s file registered under GEF 13-2016, the deputy DPP, James Owere sanctioned the file with facts and evidence contained as here in:
It is alleged that plot 4 and 5 Rubaga place and plot 6 Hoima road were acquired in circumstances that are fraudulent.
Land described as plot 6 Hoima road was registered in the names of Ismalia Building Company Limited on 20th April 1957. The same company was re-entered on the certificate of the title on 23th August 2001 upon repossession.
Land described as plot 4 and 5 Rubaga Place were registered in names of Ismail Building Company after its AGM of 16/5/1971, indicated that there were 40 shareholders each holding 5 shares totaling 200 where the suspect doesn’t appear. Also 9 directors were appointed effective 7/5/1972, the previous two having resigned (again suspect is missing).
Sometime around 1992 the suspect Mohammed Alibhai through his company Alderbridge Real Estate and Management Ltd applied to DACPB and was allowed to repossess the two properties on behalf of Ismalia Building Company Ltd. Certificate authorizing repossession for both properties were subsequently issued on 25th June 2001.
The suspect Mohammed Alibhai applied for and repossessed the two properties on behalf of Ismalia Building Company Limited basing among others on powers of Attorney donated to him by (a) Ismail Gulshakhanu Imambux of 29th September 1992
(b) Mohamedali Hirji Wadiwala of 5TH October 1993
(c) Sarudin (A) Rajan of 24th September 1994 and 25/7/2000. Document drafted in Uganda and notarized in Vancouver Canada.
On 11th September 205 Mohammed Alibhai swore a statutory declaration in support of in support of the lodgment of a caveat stating that he was a shareholder and director of Ismalia Building Company Limited.
When summoned to appear to record a statement with Police, Mohammed Alibhai lodged a judgement of Hon Justice Lugayizi under civil suit no 55of 1994. The parties to the suit were tenants on plot 4 and 5 on one part the Uganda Muslim Supreme Council and Ismalia Building Company on the other.
Observation
After perusing through the facts presented, the deputy DPP James Owere made the following observations.
Clearly from the above, a number of things are discerned: Mohammed Alibhai was never given a power of attorney by Ismalia Building Company Ltd, instead it was a handful of individual shareholders and their beneficiaries, none of whom was even a director in the company as per item for above. Be as it may, Mohammed Alibhai did not have any power of Attorney to talk of, by 28th July 1992 when he was given permission to repossess.
Also Mohammed Alibhai made a statutory declaration that he was a shareholder and director in the Ismalia Building Company Ltd whereas he isn’t.
The judgment lodged with police didn’t in our view deal with the issue under investigation.
You will cause the statement of the suspect Mohammed Alibhai to be recorded under charge caution, retrieve any other relevant documents in the company registry that relate to conduct of Ismalia Building Company Ltd and DAPCB.
The Deputy DPP made the observations in 2017.
But a source privy to the investigations told this website that following the fresh probe into the takeover of Asians properties by government officials and powerful affluent businessmen in Kampala, the DPP is assessing this file afresh and could anytime sanction the arrest of Mr. Mohammed Alibhai.
This website recently published a list of properties which belonged to departed Indians which were falsely taken over by Mr. Alibhai.