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90-year-old woman collapses to death after lost land case

A 90-year-old woman, Maliseria Nakintu collapsed and died after losing a 12-year-old court battle to reclaim 10-acres of land said to have been taken over the Church in Masaka.
 
Nakintu, a resident of Butale-Kaduggala village in Mukungwe sub-county in Masaka district, dragged the diocese of West Buganda to court more than a decade ago. Nakintu shares half of the land with one Muhamood Sserwadda aged 84. 
 
The two had filed an appeal against a Magistrate's court judgment that granted ownership of the land to the diocese in a case that dragged on for at least 12-years.
 
 
The case first came up, when, Nakintu and Sserwadda dragged the diocese to court for land grabbing and malicious damage in 2006 before then chief magistrate Mary Ekiti. The diocese had hired a group of men to raze all eucalyptus trees on the land in question.

Nakintu stated that she and some of her family members had lived on the land for over 80 years and have been paying ground rent to Buganda kingdom. Sserwadda said he bought five acres of the land on July 12, 1974 and has lived there since.

But the diocese accused the families of trespass - counting on a leasehold title secured from Buganda kingdom. The initial judgment, made in 2016 was in favour of the Church, prompting the two senior citizens to appeal the decision.

On February 21, 2017, the High court in Masaka summoned both parties again, and justice Dr Florence Zeija ordered them to provide evidence in their case. But the appellants' lawyer Jacqueline Sseguya, reportedly did not inform them of the actual day to present the required evidence.

As a result, the High court on Tuesday June 19, 2018 dismissed the appeal due to the failure by the appellant to produce proof of ownership. The decision is reported to have shocked the old woman who collapsed outside the court premises and was pronounced dead minutes after.

Her death sparked off protests among residents in Butale who attribute it to what they called an unfair court decision. The families have now pitched camp in the land in question and cautioned the diocese against any attempt to force them out.

James Kakembo, one of Nakintu's children, says they never got justice due to lack of funds to hire good lawyers, yet the eviction leaves them homeless.

But Rev. Canon Enoch Muhanguzi, the diocese spokesperson, says the same law that ordered them to leave will be used to evict them from the land. Muhanguzi explains that they can't use force but the law will still be applied to secure the land.

Comments

+6 #1 Zaitun 2018-06-23 15:01
Land grabbing has become one of the important landmarks of M7's NRM achievements.

Even Churches that were supposed to protect the poor from land grabbing have become players in the same game. Rev. Canon Enoch Muhanguz must be a happier man given his victory over two poor desperate peasants who could not afford to have the lawyers supposed to defend their interests..

One of the commandments says: Thou shall not kill! But both the church and this man, because they prefered to grab a poor woman's land, have killed.

You must be accountable before God for taking away the life of one of His followers. Even Church leaders go in courts, chest-beating because they have the necessary money to send a poor man/woman to the grave. How shamefull this country has turned to become.
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0 #2 Bakubye 2018-06-23 17:09
So the church out of sympathy should lose the land?

The magistrates court ruled in favour of the church, the high court ruled in favour of the church as well.

How could they fail to present their documents/evidence when summoned to court? The writer of the article wants to defend the old people.

A woman at 90 years of age is still fighting for land and you are wondering why the church should insist on its own rights? Land ownership is a legal issue and not a social or emotional issue. Period.
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+1 #3 Akot 2018-06-23 19:19
Zaitun, thanks!

Not even Amin dared question our belonging to land! But we have allowed Museveni who, like Amin, does not have tribal land in our country, to do so!

Before Museveni became chief tribal leader, Ugandans lived/worked all over the country & this posed no problem to any one!

Today, Ugandans need permission from Museveni to live on a piece of land even in their triabl lands!!!

Why do Ugandans find it normal to justify their existence in the country to Museveni?

Why do migrants believe they have rights to take over countries they impose themselves on?

Why don't Ugandans see they don't have a country of their own any more & MUST get it back?

Are Ugandans waiting for Museveni to finally throw ownership papers of every tribal land at ther faces, with broad smile, then what will our people do?
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0 #4 Jama 2018-06-24 02:02
Lo! This country is rotten,even clergymen are grabbing land from the poor!

Where was the church 8 decades ago when this old woman took possession of the land?

Did Jesus whom these clergymen claim to grab land from the poor?can you claim to love your neighbour as you love yourself by grabbing his land?

You are a disgrace to the church.
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+1 #5 Maria 2018-06-24 12:00
"I'll say it again--it is easier for a camel to go through the eye of a needle than for a "rich person-including clergy and their churches" to enter the Kingdom of God!"
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+2 #6 Jama 2018-06-24 15:09
Assuming the land belongs to the church, which means they have been slapped on the right cheek .Why not give the left one.

I mean let this poor family posses the land for the sake of humanity.

Otherwise what's happening doesn't sound good for the morale of the church.
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0 #7 Lakwena 2018-06-25 11:49
Quoting Bakubye:
So the church out of sympathy should lose the land?

The magistrates court ruled in favour of the church, the high court ruled in favour of the church as well.

How could they fail to present their documents/evidence when summoned to court? The writer of the article wants to defend the old people.


Bakubye, whatever you bind on earth shall be bound in heaven/hell.

In other words, if you didn't have a house/land here on earth, you will be homeless in heaven. Otherwise except where to be buried, at 90 and 84 respectively, it is absurd to fight for a 10 acre of land.

Even if it is for the grand children, these old folks would know what the current generation of grandchildren would do with such land: they will sell for tonto.

In other words and the church likewise; in the 21st Century land grabbing is vanity and foolishness.
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0 #8 Lakwena 2018-06-25 11:55
Quoting Jama:
Lo! This country is rotten,even clergymen are grabbing land from the poor!

Where was the church 8 decades ago when this old woman took possession of the land?

Did Jesus whom these clergymen claim to grab land from the poor?can you claim to love your neighbour as you love yourself by grabbing his land?

You are a disgrace to the church.


Jama, don't forget; at institutional level, the Church in cahoot with the state has become modern day Jezebel. In Medieval Europe e.g., the Church grabbed the peasants' land like crazy.
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