Woman, 80, cries out for help in family land row

A disgruntled homeless 80-year-old elderly woman, Ms Sikora Kokyenga, has appealed to President Museveni to directly intervene in land woes which have exposed her to potential eviction, following what she described as an ‘unfair court ruling.’

“President Museveni help me! I am bleeding, your courts have chosen to torture me. They are siding with my tormentors. I am homeless! What I need is a small home I can live for the rest of my life. My land is being taken by grabbers who are behind my only nephew,” the tearful Kokyenga said.

On September 26, 2022, Ms Kokyenga, a resident of Kagunga Cell, Nyaruhanga Parish, Rubanda District, lost a trespass case to her nephew Mr Fulegensi Kanyamugara at Kabale Chief Magistrate’s Court.

READ: With or without money, justice should be dispensed

Genesis
Mr Kanyamugara, a son of Ms Kokyenga’s brother, the late Karasani Deziderio, in 2016 dragged his auntie to court. He sued her for trespass on the 25-acre land in the same village.
The duo are the surviving beneficiaries and administrators of the estate of the late Deziderio.
Both Deziderio and his sister inherited their then deceased parents’ (Lauben Mugorora and Maragarita Beragura) property, including this now disputed 25-acre land.

They both managed the land before Deziderio sold part of his share to relocate to Kibaale in early 2000 where he died a few years later. 
Upon his death, Ms Kokyenga invited her nephew, Mr Kanyamugara and the duo processed the letters of administration, which gave both of them equal powers to manage the land. 
Mr Kanyamugara was managing his late father’s share while Kokyenga continued to take care of her share. But officials from Kabale High Court allegedly lost these letters before giving the disgruntled old woman a copy.

Dispute
The dispute started in 2016 when Ms Kokyenga sold 100 trees to authorities of St Adrian Seminary at Shs5m. 
The plaintiff ran to court, asking it to declare her a trespasser, issue a permanent injunction against her and as well order her to pay both special and general damages, and the suit fees.
Justice Gordon Muhimbise of Kabale High Court, in his September 26, 2022, ruling seen by this publication found Ms Kochenga guilty and ordered her to pay special damages of Shs5m and suit damages calculated at 24 percent per annum from the date of ruling.

“.....When court visited the locus, it was able to see the stamps on the suit land from which these trees were cut. In her defence, the defendant admitted having cut and sold the said trees. It is, therefore, clear that the defendant caused financial loss to the estate of the late Karasani Deziderio and should refund this money to the estate in form of special damages,” the ruling read in part.

The ruling, which has since been disputed by Ms Kochenga, residents and activists, also bars her from doing anything on the land unless she gets permission from the plaintiff.
She described the ruling as being too unfair to her because it grabs her right as a beneficiary of the land.
“Where does court expect me to get Shs5m if even getting food is hard unless the good Samaritans are the ones helping me? I am equally a beneficiary of this land. Instead of helping me get my share where I can show good Samaritans to construct for me a house, they asked me never to do anything on this land. I am bleeding, I need help,” she said.

“My nephew stays in Kibaale where his father had shifted before his death. He was here in 2005 and the second time to see him was in 2016 when I sold these 100 trees which I am accused of stealing. Where does the court want me to raise a livelihood? I am equally an administrator on this land, we jointly processed this application with Kanyamugara and got them. Judiciary deliberately chose to lose the original copies,” she added.

Residents and activists described the judiciary’s action as being unfair, saying it should be reviewed as soon as possible. They said unlike Ms Kokyenga, who represented herself, the plaintiff had a counsellor but court ruled in an unfair manner towards her. 
“This young man does not stay this way. I suspect certain land grabbers being behind him because the only time I saw him is when he came to court,” Ms Kokyenga said.

Addressing reporters last week, Ms Kokyenga, who was flanked by human activists and other elders, accused the Judiciary of deciding the case unfairly yet she is not only an administrator but also the co-owner of the land.
“I told court that our parents gave this land to me and my brother. I even presented the proof that we processed the letters of administration, which stipulates how we should manage the property but it’s them (Judiciary) who lost it,” she said.
The Daily Monitor has seen a letter dated July 25 from Mr Henry Twinomuhwezi, the Assistant Registrar of Kabale High Court, informing the Regional SOCO of Kigezi Police that indeed the Administration Cause No 071/2005 “is irretrievably missing in our archives”.
“Being a file of 2005 when Kabale High Court was still operating at Makanga in the same compound with Kabale Chief Magistrate Court, we contacted office supervisor of Kabale Chief Magistrate Court to check if we could have left it there when we were shifting to our current location but she reported that she did not find it,” reads part of the letter seen by this publication

.

The Judiciary spokesperson, Mr James Mawanda, confirmed this incidence.
“I am in touch with the registrar and we are in process of forming a formidable team so that we help her trace that file.  We can be able to find a solution and I want to ask our people not to despair, especially the affected party,” he said 
Based on the ruling, Ms Kokyenga cannot do anything on the land which activists say is unfair.

“Good Samaritans want to construct a house for this old woman but they are tied and can’t do anything because of this ruling that is not fair. We ask the Judiciary heads to intervene and help out. This is a lame excuse by Judiciary. How can a land owner be treated in this unfair manner? Kokyenga needs serious help,” Mariam Mwiza, a human rights activist said.
Mr Mawanda added that he is in touch with the registrar and they have started the processes of aligning the records management.
Efforts to get a comment from Mr Kanyamugara were futile because his only known telephone contact was unreachable all the seven days this story was being compiled.

His lawyer, Mr Dan Beitwenda, did not answer our repeated calls when contacted.
However, in his submission through his lawyer, Mr Kanyamugara told court that indeed Ms Kokyenga and him are both administrators of the said land. 
He added that they both collectively won a case against the suspected land grabber in 2013, a one Kagwaraza, who was claiming part of the land at the same court.

Also, a section of elders this publication spoke to said Ms Kokyenga has been the beneficiary of this land for a long time.
“I have grown up with this old lady. The young man came here like twice after the death of his father. We know her and nobody else,” a 70-year-old George Zarukyire said.
Another elder suspects that Mr Kanyamugara is being used by other people. 

“I am really disappointed in children of this generation. How can you choose to torture someone who willingly invited you to come and take your father’s share? That young man is not alone, I suspect other people are using him,” a 78-year-old Cleophas Neema said.

Appeal
“I am helpless, I stay in a dilapidated house. Good Samaritans want to construct for me a house but they can’t because of this ruling. Whoever is outside there and can help me please come in and intervene,” she said. 
In a rejoinder, Ms Mwiza asked: “Why would the people who must be helping the vulnerable choose to torture them? We want to call upon the leadership of the Judiciary in Uganda to help us and intervene because we are not sure if the Kabale’s court is not compromised.” 

She added: “I also call upon different state actors including the State House Anti-corruption Unit, organisations like Uganda Women Lawyers (FIDA) to help us and intervene in this woman’s matter, who is almost becoming homeless because of impunity.”