Judge directs neighbours to settle land dispute case out of court

Court has directed the family of former Uganda Airlines flight captain Darlington Omamteker and his neighbour with whom they are battling over a land dispute, to implore an out-of-court settlement.

The family had appeared before Justice Bernard Namanya of the Land Division of the High Court in Kampala for a hearing of an application in which their neighbour, one Peace Barigye, had sought to have the case against her dismissed for not being served with the court summons.

Mr Omamteker’s wife Rosemary Kiiza dragged Ms Barigye to court seeking a permanent injunction restraining her and her agents from trespassing on her land measuring 0.101 hectares on plot 31A located at Uringi Crescent, Entebbe in Busiro County, Wakiso District.

But the trial judge advised the two parties to reach a compromise since they are neighbours.

“As a channel for discussion, I understand these two are neighbours. I will implore you to seek an out-of-court settlement. I will make my decision as per the application but it does not close the channels for discussion because, at the end of the day, you are neighbours and have to live together,” Justice Namanya ruled on Tuesday.

He added: “If there is a dispute in the boundary in one way or another, they have to resolve it, so let the two parties sit and discuss.”

Ms Barigye, through her lawyer Sebufu Usama, had stated that she was never served by the family of Mr Omamteker, but only received a WhatsApp message talking about the case thus her prayer for its dismissal.

However, Mr Omamteker’s family, through their lawyer Emmanuel Ekima, dismissed Ms Barigye’s allegations, saying she was served on time but she refused to sign an acknowledgement of receipt of the documents.

Mr Ekima further explained that Ms Barigye was also served through her WhatsApp number.

“In 2019, the Chief Justice issued a legal notice allowing the exchange of electronic documents through email, instant emailing and any other widely used electronic service,” Mr Ekima argued.

Ms Omamteker told the court that she asked Ms Barigye to pay for the contested piece of land but she refused and instead went ahead to construct there an access road.

“We share the access road to our respective plots of land but with arrogance, Ms Barigye blocked us from accessing our plot by constructing and putting up a gate on it,” Ms Omamteker said.

The court further heard that Ms Omamteker contracted surveyors, who explained in their report that the geometry of Plot 31A in the said area and its estate is exactly similar to Ms Omamteker's title print and advised that encroachment issues should be handled privately by the two parties.

Court also heard that Ms Barigye's actions were malicious and wicked and have greatly interfered with Ms Omamteker’s quiet possession of the land in question.

Ms Omamteker then asked court to order her to vacate the land, demolish the illegal structures constructed and compensate her for the damages caused.

The trial judge said he will deliver his ruling on notice.

Meanwhile, Entebbe Chief Magistrate Stella Maris Amabilis has adjourned the case in which Ms Barigye dragged an employee of Omamteker’s family, Yunus Magom, 35, to court over threatening violence and criminal trespass, to May 8.

This was after the court heard that the file was still at the Judiciary’s regional office at Nakawa, Kampala.

[email protected]