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Govt, four State House Anti-Corruption officials sued over land dispute
What you need to know:
- Court documents indicate that the said land had been contested in the High Court, Court of Appeal and Supreme Court to ascertain the registered proprietors who were found to be Hajji Musa Muyingo and Mr Eric Kato who had been sued.
A real estate dealer has dragged four State House Anti-Corruption officials and government to court seeking for general damages of Shs1 billion over contempt of a court order.
The four officials and defendants in this case are; Jackson Tweheyo, Moses Lukyamuzi, Henry Isoke and Justus Twinamasiko. They were sued alongside the Attorney General (AG).
According to the court documents filed before the Civil Division High Court on February 7, the plaintiff, Mr Yusuf Ssemakula accuses the defendants of interfering with his right of ownership and quiet enjoyment of his land comprised in Kyadondo at Namugongo which he says amounts to an abuse of office.
Mr Ssemakula is seeking the court's declaration that the four officials’ conduct of purporting to investigate the issues which were already determined by the High Court, Court of Appeal and the Supreme Court amount to subjudice, jeopardy and res-judicata.
“A declaration that four officials are not fit and proper persons to hold any positions in any public office while AG is vicariously liable for some of the actions and omissions of the officials that they committed in their official capacity,” the plaint reads in part.
Court documents indicate that the said land had been contested in the High Court, Court of Appeal and Supreme Court to ascertain the registered proprietors who were found to be Hajji Musa Muyingo and Mr Eric Kato who had been sued. The two were granted vacant and disputed possession of the same.
It is further stated that Mr Ssemakula purchased the said land after ownership was settled and he transferred it into his name.
After the whole process was concluded, a one Hellen Namazzi sued Sulait, Banadda Kayondo Kiwanuka and the Commissioner Land Registration in the High Court seeking orders, among others, cancellation of their names from the certificates of titles.
However, court declared Kayondo as the rightful registered proprietor while Ssemakula as the lawful and bonafide purchaser and being dissatisfied with the judgment, Ms Namazzi appealed against the same which was also dismissed by Court of Appeal and Supreme Court on grounds that her evidence was insufficient to prove that she was the bonafide occupant.
“Upon receipt of the Supreme Court judgment and decree duly cleared, all the court orders by all the relevant offices including but not limited to the Inspector General of office, Criminal Investigation Directorate, land protection unit,” Mr Ssemakula states.
“That before the execution of the said order, the RDC-Kira Municipality together with other Security Committee held a security meeting on December 28, 2022 in regards to the implementation of the court orders which was attended by counsel of both parties wherein the RDC ordered that each party remains in their respective occupancy as per the court orders and guidance by the IGP,” he added.
Court documents further state that the orders were peacefully executed in the presence of all neighbors and local council authorities and the DPC-Kira Municipality made a status report on that effect to which Mr Ssemakula went on to clear and grade his land in order to develop and sell some of his twenty five plots as he deals in the business of real Estate.
Mr Ssemakula claims that the four officials without any right or following the due court process have halted and stopped him from developing, selling and using his land.
He further states that the officials are using their individual positions and offices to harass him and interfere with his constitutional right to own land and enjoy quiet possession of the same.
Consequently, the court has summoned the accused officials to file their defence in 15 days.
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