Connect with us

WITNESS RADIO MILESTONES

Businessman Kiconco is the lawful owner of Lusanja land, court rules

Published

on

On the ground. President Museveni addresses residents of Sekanyonyi-Lusanja in Kasangati Town Council, Wakiso District on October 16, 2018. PHOTO BY EPHRAIM KASOZI. 

The long awaited judgment for the Lusanja land case has been delivered this morning, with High Court judge, Justice Tadeo Asiimwe ruling that businessman Mr Medard Kiconco is the lawful owner of the land.

The High court Land division has ordered the 127 residents who were evicted from the land on Lusanja located on the Mpererwe-Kiteezi Road to vacate it, they have been given up to 30 days.

A sombre mood engulfed the court room which was filled to capacity by the affected residents when the judge made the final ruling. One of the residents identified as Juma, a boda boda rider fainted in court on hearing the ruling.

The land in dispute is part of a chunk of about 85 acres that the late Paul Bitarabeho bought in 1978 from the late mother of King Mwanga, Namasole Bagalaayeze Lunkusu.

Some of the land in Mpererwe was sold to the defunct Kampala City Council (KCC), which gazetted it in 1996 as a landfill for garbage disposal. That sale proved catastrophic. With time, effluent from the landfill permeated the wetlands and pastures, forcing the family to close the farm.

Court observed that the 127 residents bought the disputed land from the wrong person and therefore trespassed on kiconco’s land who is the registered owner having purchased it authentically from Paul Katabazi Bitabareho in 2016.

According to the evidence presented in court, the 127 residents have agreements stating that their land is at Lusanja in Wakiso District and acquired their Bibanja from Crispa Bitarabeho who had no right to sell the land.

Justice Asiimwe has faulted the LC1 chairperson of Lusanja village Samuel Kibuuka for confusing the residents by signing residents’ agreements for Kampala yet he administers under Lusanjja in Wakiso district.

The Judge has also based on the evidence of a joint -survey report carried out by the parties in this case where it was confirmed that the territorial boundaries of the land are in Mperwerwe, Kampala and not Lusanja, Wakiso district .

The judge has also ordered the Kampala Capital City Authority (KCCA) to put clear demarcations and boundaries separating Kampala from Wakiso district more cases of the kind in future.

The judge based on the evidence he gathered from the Locus visit to this land where Crispa Bitabareho showed him a different and distant piece of land she sold to the 127 .

However, the judge has also ordered Kiconco to compensate four out of the seventeen people he found on the land in 2016 before he took its possession.

Court also rejected Kiconco’s request to be granted Shs500 million compensation in damages, on grounds that there had been confusion on the location the disputed land on the side of the evicted victims, coupled with the ignorance from whom they had to acquire their Bibanja.

The controversial land eviction took place a year ago on October 12, 2018, leaving a total of over 300 families homeless.

This caused a stir in the public domain attracting several politicians including President Museveni who made an impromptu visit to the site days after the eviction.

Original Source: Daily Monitor

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Statement: The Energy Sector Strategy 2024–2028 Must Mark the End of the EBRD’s Support to Fossil Fuels

Published

on

The European Bank for Reconstruction and Development (EBRD) is due to publish a new Energy Sector Strategy before the end of 2023. A total of 130 civil society organizations from over 40 countries have released a statement calling on the EBRD to end finance for all fossil fuels, including gas.

From 2018 to 2021, the EBRD invested EUR 2.9 billion in the fossil energy sector, with the majority of this support going to gas. This makes it the third biggest funder of fossil fuels among all multilateral development banks, behind the World Bank Group and the Islamic Development Bank.

The EBRD has already excluded coal and upstream oil and gas fields from its financing. The draft Energy Sector Strategy further excludes oil transportation and oil-fired electricity generation. However, the draft strategy would continue to allow some investment in new fossil gas pipelines and other transportation infrastructure, as well as gas power generation and heating.

In the statement, the civil society organizations point out that any new support to gas risks locking in outdated energy infrastructure in places that need investments in clean energy the most. At the same time, they highlight, ending support to fossil gas is necessary, not only for climate security, but also for ensuring energy security, since continued investment in gas exposes countries of operation to high and volatile energy prices that can have a severe impact on their ability to reach development targets. Moreover, they underscore that supporting new gas transportation infrastructure is not a solution to the current energy crisis, given that new infrastructure would not come online for several years, well after the crisis has passed.

The signatories of the statement call on the EBRD to amend the Energy Sector Strategy to

  • fully exclude new investments in midstream and downstream gas projects;
  • avoid loopholes involving the use of unproven or uneconomic technologies, as well as aspirational but meaningless mitigation measures such as “CCS-readiness”; and
  • strengthen the requirements for financial intermediaries where the intended nature of the sub-transactions is not known to exclude fossil fuel finance across the entire value chain.

Source: iisd.org

Download the statement: https://www.iisd.org/system/files/2023-09/ngo-statement-on-energy-sector-strategy-2024-2028.pdf

Continue Reading

PETITIONS

Complaint against unprofessional conduct of the DPC Kiryandongo district for aiding and abetting land grabbing in kiryandongo district.

Published

on

The Commandant,

Professional Standards Unit, Uganda Police-Kampala.

Dear Sir/Madam;

RE: COMPLAINT AGAINST UNPROFESSIONAL CONDUCT OF THE DPC KIRYANDONGO DISTRICT FOR AIDING AND ABETTING LAND GRABBING IN NYAMUTENDE KITWARA PARISH KIRYANDONGO DISTRICT AND CARRYING OUT ILLEGAL ARRESTS AND DETENTION OF INNOCENT RESIDENTS/ BIBANJA OWNERS FOR PROTESTING AGAINST THE ILLEGAL EVICTION FROM THEIR LAND.

We act for and behalf of the Lawful and bonafide occupants of Land described as LRV MAS 2 FOLIO 8 BLOCK 8 PLOT 22 (FORMERLY KNOWN AS RANCH 22).

Our Clients are residents of Nyamutende Village, Kitwara Parish in Kiryandongo District where they have lived for more than 30 years and sometime in 2017, they applied for a lease of the said Land to Kiryandongo District Land Board through the Directorate of Land Matters State House.

As they were still awaiting their Application to be processed, they were shocked to establish that the said land had been instead leased to and registered in the names of Isingoma Julius, Mwesige Simon, John Musokota William, Tumusiime Gerald, Wabwire Messener Gabriel, Ocema Richard and Wilson Shikhama, some of whom were not known to the Complainants. A copy of the Search is attached hereto

Our clients protested the above action and appealed to relevant offices, but were shocked to discover that the above persons had gone ahead and sold the same to a one Maseruka Robert.

Aggrieved by these actions, the Complainants appealed to the RDC who advised them to institute proceedings against the said persons, and assigned them a one Mbabazi Samuel to assist them to that effect. The said Mbabazi accordingly filed Civil Suit Noa 46 of 2019 against tne said registered proprietors at Masindi High Court challenging the illegal and fraudulent registration, sale and transfer of the subject land to Maseruka Robert.

While awaiting the progress of the case mentioned hereinabove, the Complainants were surprised to find that the said Mbabazi, instead of assisting them, he went into a consent settling the said suit on their behalf without their knowledge or consent. A copy of the Consent is attached hereto.

Among the terms of the said consent Judgment was that the residents would be compensated without specifying how much and would in return vacate the Land.

As if that was not enough, Maseruka Robert and Mbabazi Samuel are going ahead to execute the said Consent Judgment by forcefully evicting the occupants without compensation which has prompted the complainants to challenge the said Consent by applying for its review and setting aside at Masindi High Court which is coming up for hearing on the 29th March 2023. A copy of the Application is attached hereto.

Sensing the imminent threat of eviction, we also filed an application for interim stay of execution of the said consent to avoid rendering their application for review nugatory but unfortunately the same could not be heard on the date it was fixed for hearing (6th February 2023). A copy of the Application is attached hereto

On Thursday last week, three tractors being operated by 6 workers of a one Mbabazi Samuel [the very person who had been entrusted to represent our Clients to secure their Land through Civil Suit No.46 of 2019] encroached close to 50 acres of our Clients’ land and started ploughing it but our Client’s protested and chased them away.

We have however been shocked to receive information from our Clients that on Sunday at Mid night, 3 police patrols invaded the community in the night and arrested community members; Mulenje Jack, Steven Kagyenji, Mulekwa David, Ntambala Geoffrey, Tumukunde Isaac 15 years, Kanunu Innocent, Mukombozi Frank, Kuzara, Rwamunyankole Enock, and took them to Kiryandongo Police Station where they are currently detained.

We strongly protest the illegal arrests and detention of our Clients as this is a carefully orchestrated land grabbing scheme by Maseruka Robert and Mbabazi Samuel who are  receiving support from the DPC Kiryandongo.

The purpose of this Letter therefore is to request your good office to investigate the misconduct, abuse of office and unprofessionalism of the said DPC Kiryandongo District and all his involvement in the land grabbing schemes on land formerly known as Ranch 22.

Looking forward to your urgent intervention,

C.C The Head Police Land Protection Unit Police Head Quarters Naguru

CC The RDC Kiryandongo District

CC The Chairman LCVKityadongo District

CC The Regional Police CommanderAlbertine Region

Continue Reading

WITNESS RADIO MILESTONES

The Executive Director of Witness Radio Uganda talks about the role played by Witness Radio in protecting communities affected by large-scale agribusinesses in Kiryandongo district in an interview with the ILC.

Published

on

Continue Reading

Resource Center

Legal Framework

READ BY CATEGORY

Facebook

Newsletter

Subscribe to Witness Radio's newsletter



Trending

Subscribe to Witness Radio's newsletter