Prime
Principal judge orders retrial of Ndeeba church land ownership case
St Peter’s Church, Ndeeba which was demolished on August 9, 2020,. Inset, St Peter’s Church, Ndeeba before it was demolished. The steeple and cross defied the machines and refused to go down while the structure was being demolished. PHOTO/ MICHAEL KAKUMIRIZI/
What you need to know:
- On August 9, 2020, the more than 40-year-old church was razed following a longstanding land wrangle between the church leadership and businessman Dodoviko.
The principal judge on Monday set aside a court ruling that handed to businessman Dodoviko Mwanje land on which the demolished St Peter's Church, Ndeeba in Lubaga Division sat.
Dr Flavian Zeija’s decision was prompted by a petition from one Lucy Nsubuga, the administrator of the estate of the late Evelyne Nachwa, the alleged owner of the land challenging the ruling of Justice Eudes Keitirima, which handed the church land to Mr Dodoviko.
The principal judge reasoned that although Ms Nsubuga did not file an appeal against the impugned judgment either before or after filing the instant application, the orders that were issued directly affect her thus she is an aggrieved party who was never given an opportunity to be heard before the judgment was delivered against her.
“I am inclined to believe that by December 1, 2015 when the applicant was dropped as a party, there exists sufficient reasons to believe that Counsel Ambrose Tebyasa had instructions to represent the applicant,” Dr Zeija ruled.
“There is no such a presumption that if an advocate has represented a party before it will presume that such an advocate will have instructions in future in the new matters arising from the same case most especially like the instant case where there was lapse of time of more than one-and-half years before the applicant was dropped as party in the main suit,” he added.
Dr Zeija then set aside the judgment and ordered for the case to be fixed and heard afresh.
He also ordered that since it was not contested that Ephraim Enterprises Limited is now the registered proprietor of the suit land, it should be added as a party.
On August 9, 2020, the more than 40-year-old church was razed following a longstanding land wrangle between the church leadership and businessman Dodoviko.
In April 2021, Mr Dodoviko and Mr Ivan Katongole, a KCCA urban planner, were charged before court in Makindye for conspiring with several senior police officers and other people to demolish St Peter’s Church.
