Court has ordered eviction of a government prison sitting on about 500 acres of land in Buliisa District over wrongful occupation.
Buliisa Prison at Kabolwa hosts a prison farm. It has a cotton plantation on about 200 acres while the rest of about 300 acres hosts staff quarters and trees whose worth could not be readily established by presstime.
Chief Magistrate Deo John Ssejjemba ruled that the Uganda Prisons Service (UPS) is a trespasser on the estate of the late Jackson Bikobo Mwanga.
“By way of removing the defendant …at Kabolwa – Buliisa District, each and every police officer of Uganda Police Force or other relevant authorities are hereby instructed to facilitate this bailiff in ensuring that the execution is done/carried out without delay or obstruction as ordered herein by court,” Mr Ssejjemba said in a decree issued on February 4.
Ms Winnie Bikobo Nalumu, the administrator of the late Mwanga’s estate, sued government in 2017 seeking repossession of the said land.
The court said the Attorney General, the government chief pleader, did not challenge the suit although he was served the hearing notice.
On December 16, 2020, the court ruled in favour of Ms Bikobo and awarded her Shs40m in general damages and legal costs.
“For a period of three years, the plaintiff has been prevented from using the land without any legitimate excuse on the part of UPS. The plaintiff is accordingly awarded Shs40m in general damages,” Mr Ssejjemba ruled.
The next day, Mr Ssejjemba issued a decree ordering UPS to vacate the land immediately or evicted by force at their own cost. “UPS are barred permanently from using in any way the plaintiff’s land described as Kabolwa Estate at Buliisa,” he decreed.
However, UPS did not vacate the land. Ms Bikobo ran back to court and sought a fresh order to evict UPS.
On February 4, the court issued another decree to Mr Denis Asiimwe, a court bailiff of Majimoto Auctioneers, who represented Ms Bikobo (plaintiff).
“Whereas the undermentioned property in the occupancy of the defendant has been decreed to the plaintiff in this suit. You are directed to put the plaintiff in possession of the land and you are authorised to remove any person bound by the decree who may refuse to vacate the same,” Mr Ssejjemba’s decree read in part.
Mr Asiimwe yesterday said they have served UPS the court order and eviction notice and informed the Attorney General and police to witness the eviction.
“We informed them to vacate peacefully and they have been unyielding. Court has given us powers to evict them. We have done with all the lawful procedures to remove them. We are waiting for police to agree on the date they will witness the eviction,” Mr Asiimwe said.
The spokesman of UPS, Mr Frank Baine, said there is contention on the said land, but declined to give further details, saying the Commissioner General of Prisons Dr Johnson Byabashaija is more authoritated to talk about the issue.
By press time, Dr Byabashaija had not responded to our calls and text messages sent to him.
Original Post: Dail Monitor
