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Kiconco is lawful owner of Lusanja land, High court rules

One of the squatters fainted after hearing the judgement

One of the squatters fainted after hearing the judgement

The High court has ordered squatters on the Lusanja land to vacate it within 30 days. Court yesterday, ruled that businessman Medard Kiconco is the lawful owner of the contested Lusanja land located on the Mpererwe-Kiteezi road.

Justice Tadeo Asiimwe ruled that the land was bought by Kiconco in 2016 from the administrator Paul Katabazi Bitarabeho as opposed to the 148 other claimants who bought it from his sister Chrispa Bitarabeho, who had no right to sell the land. 

Kiconco, the proprietor of Lexman Industries Limited sued Kampala Capital City Authority (KCCA), state minister for Primary Education also Woman MP for Wakiso Rosemary Sseninde, state minister for Lands, Persis Namuganza and 148 other respondents.   

Namuganza was faulted for having exceeded her powers as the state minister for Lands by directing people to continue occupying the land while Sseninde was sued for causing a financial loss by stopping Kiconco from erecting a factory on his land.

KCCA, on the other hand, was faulted for failing to demolish the property which was constructed on Kiconco’s land by the squatters. In the same application, Kiconco also sued the attorney general seeking to be compensated with Shs 500 million arguing that government had unlawfully settled people on his land.  

In the judgment read on Friday by Flavia Nabakooza, the court registrar, it was noted that there was no evidence to show that Namuganza and Sseninde incited people to stay on Kiconco’s land.

KCCA was also exonerated based on the testimony of the KCCA deputy director in charge of physical planning Mark Bwambale. Bwambale told court that KCCA had not demolished the structures because it had heard that the issues were already in court. 

However, court directed KCCA to demarcate the borders of Wakiso and Kampala to avoid future confusion having found that Kiconco’s land is in Ssekanyonyi Mpererwe and not in Lusanja, Wakiso district. 

Court, however, declined to give Kiconco the award of Shs 500 million he'd sought, arguing that this was not a case to do with the compulsory land acquisition by the government. After the ruling, one of the squatters Juma Katende fainted. Other squatters who gathered at court vowed to stay on the land.

In October 2018, people of Lusanja were evicted unlawfully after the Nabweru chief magistrate, Esther Rebecca Nasambu granted an order to Kiconco which led to the demolition of their property in Lusanja as opposed to Ssekanyonyi.

More than 200 homesteads and 540 people were evicted from the land measuring at least 9.6 acres.

Comments

+3 #1 Lysol 2019-10-05 21:55
Never mess with anyone's land. There will always be a price to pay.

Wars have been fought over land, oil, water and other natural resources. That is a blessing from God and nobody can grab it
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+1 #2 kabayekka 2019-10-06 17:53
It is clear to all the Ganda tribes people that those whose grand parents were very lucky to acquire land ownership by freehold during the 1910/20 land survey on the territory of the State of Buganda are nowadays using the rich, the mighty and other tribes people to evict the settled poor people on the land.

The state of Buganda is back to square one over the struggle for proper land ownership in Buganda.
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0 #3 kabayekka 2019-10-06 18:29
Thus the saying goes that the poor people of Buganda do not own land.

If they do by law the rich Ganda land owners are only doing a favour to the Ganda poor. (Bebereremu mpozzi mu bibanja).
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0 #4 WADADA roger 2019-10-06 22:52
After that Judgment, Ugandans should be asking one question, Who is fooling who.

First it was a decision at Nabweru Court that caused an uproar blaming the Chief Magistrate for choosing to do her work, then the president visited the so called victims and made a call to his brother Saleh to Find out if he was behind the dispute at Lusanja, there was no response before the Government promised to compensate those who were affected.

Note that in the normal circumstances, the President would have ordered the Army to rebuild houses for these guys but he chose to promise compensation, did he know something, was Kiconco right from the word go or he is doing work for some big guy.
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0 #5 zzunguluzungulu 2019-10-07 09:57
Quoting WADADA roger:
After that Judgment, Ugandans should be asking one question, Who is fooling who.

First it was a decision at Nabweru Court that caused an uproar blaming the Chief Magistrate for choosing to do her work, then the president visited the so called victims and made a call to his brother Saleh to Find out if he was behind the dispute at Lusanja, there was no response before the Government promised to compensate those who were affected.

Note that in the normal circumstances, the President would have ordered the Army to rebuild houses for these guys but he chose to promise compensation, did he know something, was Kiconco right from the word go or he is doing work for some big guy.

Can we for once trade legal games for humanitarian role?

Who restore the dignity of those who have less finance?
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+1 #6 Lakwena 2019-10-07 10:19
Pity the millions of landless Ugandans. It is double tragedy/jeopardy simply because, it will be the same evictees and their children, who will come back on their knees to be employed in the Kiconco Industry for a slave wage.

What a country! Anybody who has been to the Land Division High Court knows how corruption smells in the high Heavens: E.g., depending on the size and market value of a land in a grabbing dispute; an application for a "Court Injunction" starts at a minimum of Shs.40 million (only).

In other words, since violence is the poor man's only Lawyer, Judge and Jury combined; as days follows nights and millions of poor Ugandans are being pushed against the wall, a Bolshevik or the French type of revolution maybe necessary in order to regain their entitlement to land.

In other words, forewarned is forearmed. Since for a poor man land is life itself, it becomes something to die and kill for.
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+1 #7 Lakwena 2019-10-07 12:04
E.g., as above, at the risk of breaking all the limbs; the guy who fainted in shock. is casually carried away by the legs like a dead gazelle, hit by a Boda. No big deal.

Eish, omushuma!
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