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Family returns to razed house after Christmas

Ruins of a house which was demolished by unknown people in Ntinda, Kampala, on Monday evening. The family members had gone to the village to celebrate Christmas. PHOTO | STEPHEN OTAGE

What you need to know:

  • It is reported that a group of men jumped over the perimeter wall of the house, opened the main gate and used graders to demolish the property. 

With the clock ticking to 7pm and dusk gathering on an eventless Boxing Day, the engines of two excavator roared to life. In a matter of minutes they would reduce part of a house in the upscale Kampala suburb of Ntinda to rubble.

The unidentified people behind the demolition of the property were utterly oblivious to Land minister Judith Nabakooba’s recent ban on evictions during public holidays. 

The property in question was bequeathed to Lucy Mary Orech by her husband Johnson Orech following his passing in 1995.

Kampala Metropolitan Police (KMP) officers said yesterday that they were not informed about the eviction and even if they were notified they wouldn’t have allowed such an act to take place because it is illegal. 

Assistant Superintendent of Police Luke Owoyesigyire, the deputy spokesman of KMP, said a criminal case of malice damage of property had been opened and they are using their CCTV cameras to trace the culprits to face justice. 

“Evelyn Atim, the daughter of late Orech, reported the case to police. She said unidentified men raided her property on Plot 106A Old Kira Road, with two graders,” Mr Owoyesigyire said, adding, “The men jumped over the perimeter wall and opened the main gate. The graders accessed the property and demolished it. She said Alex Odur, who was found at the premises was beaten by the suspects.”

Ms Janet lynne Tarr, one of the family members, at the house before it was demolished by unknown people. 

On December 22, Ms Nabakooba directed that no eviction orders or executions be carried out during the festive season. Courts had earlier issued the same directives. 

Ms Atim, who was at her home in Najeera Township when the graders were ploughing into the property at Plot 106A Old Kira Road, said she got a heads up from a neighbour. Ms Atim rushed to the scene only to find that the house had been knocked down. 

The development was the culmination of a long-running wrangle over ownership of the property. The standoff started after Eng. Orech’s passing. While Eng. Orech is reported to have willed the property to be under the administration of the widow—Lucy Mary Orech, Ms Atim told Daily Monitor that her mother didn’t transfer the ownership of the property into her name. She went to the United Kingdom and left the property under the management of her sister, Stella Aber. 

Ms Atim said they were surprised when the land title was transferred multiple times in a matter of minutes.

“On July 4, 2008 at 2:28pm the name of the title was transferred from our late father’s name to our mother’s name. She was not in the country. A minute later (2:29pm), the same title was transferred into the name of Stella Aber,” Ms Atim said.

On October 21, 2008, the land title was again transferred into the name of another person. This prompted the widow to seek legal redress and also put a caveat on the property. She, however, lost the case in court in 2018. Mr Mutwalib Kabogoza was deemed to be the rightful owner of the property. Ms Orech appealed the decision, and the case is still being heard. 

In 2020, her attempt to block the take-over of the property suffered a setback after the Court of Appeal dismissed her application. Ms Orech died last year before the appeal could be disposed of. 

It was at this time that the children of the deceased took charge of the pursuit of justice of their late parents’ estate. Ms Atim said after the death of their mother, the court couldn’t continue hearing the matter until they got a letter of administration—a process which is still ongoing. 

When we contacted Ms Aber yesterday, she denied knowledge of the demolition. She referred us to her lawyers who were unavailable by press time.

Another person of interest in the property also opted not to talk to us. 

Mr Francis Damulira, the LC one chairman of village 11, said he was aware of the case since the deceased’s children informed him about it as they processed a letter of administration. 

Mr Owoyesigyire said they have interviewed relevant eyewitnesses and investigations are ongoing to identify the suspects. 

Eviction ban

Lands Minister Judith Nabakooba recently stopped evictions during the festive period.  “As we move into the festive season, therefore, the government shall not entertain reports of land evictions, at a time when citizens are supposed to be at home celebrating the Christmas and New Year season,” she said on December 22.