Kampala — Kampala tycoon Sudhir Ruparelia has sued the government, demanding that it vacates land currently occupied by the Chieftaincy of Military Intelligence.

The land measuring 6.204 acres is located on Plot 1 Yusuf Lule Road in Kampala.

Mr Sudhir's decision comes a few days after President Yoweri Museveni announced that he will give the CMI land to the Kenyan government in exchange for land in Mombasa. The decision to give away the land to the Kenyans was reached during bilateral talks between President Museveni and his Kenyan counterpart Mwai Kibaki in Nairobi, where the two leaders agreed to a swap deal to enable Uganda to construct a depot at Mombasa Port.

Through Speke Hotel (1996) Ltd, Mr Sudhir says he is the registered proprietor of the land under dispute. The tycoon, whose hotel became the registered owner of the land on October31, 2006, filed the case against government at Kampala High Court (Land Division). He is represented by Nangwala, Resida & Co. Advocates.

He says Uganda Land Commission granted his hotel a lease and allowed it to build a modern shopping mall, a five-star hotel and complete building for occupation before May 31, 2011. Mr Sudhir says he wrote to the Uganda Land Commission for clarification on the mode of payment but was told that he would meet costs of relocating CMI.

The evidence shows that on October 22, 2006 the minister of lands wrote to the minister of defence directing that CMI enters into negotiations with Speke Hotel for its smooth relocation and enable the tycoon proceed with the development. Following the minister's letter, Mr Sudhir on December 15, 2006 sought an appointment with CMI to discuss the relocation but no appointment has been effected yet.

Mr Sudhir says CMI's continued occupation of the land tantamounts to trespass. He says he has suffered damages and loss due to government's refusal to relocate CMI. He is now seeking court to order CMI to vacate his land, pay him damages for the loss suffered, a profit of Shs2 million per acre effective from November 2008 till full payment is made and cost of the suit. Mr Sudhir says he is willing to relocate the CMI headquarters so that he can develop the property and that Shs3 billion has been put aside for the relocation.

A source said for the government to repossess the land, it would have to wait until 2010 when Sudhir's conditional lease would be reviewed. The government offered Mr Sudhir the land in Kitante in 2006 in exchange for the Shimoni school's land, which had been allocated to him, but was instead given to a Saudi Arabian investor. Mr Sudhir paid shs168million as part of the ground rent, while he was supposed to use the rest to relocate CMI headquarters.

Members of the parliamentary Public Accounts Committee have opposed Mr Museveni's new deal, insisting that the CMI land is under investigation and that president had no power to allocate public land without parliamentary approval.

Referring to the controversial Shimoni and botched Nakasero- UBC public land deals, the Public Accounts Committee vowed to block the President's latest land offer. "We refuse to be taken for a ride. This CMI land is a public asset and cannot be given away in a ridiculous manner," said Mr Nandala Mafabi (FDC, Budadiri West), who chairs the committee.