UPDF officer summoned for illegal occupation of house
Posted Tuesday, September 24 2013 at 01:00
Kampala- A UPDF senior officer has been sued for allegedly occupying a house in Mubende District illegally.
In a case filed before the Central High Court Circuit at Nakawa, businessman Boniface Ndyabahika Rutagira sued Col Fenekansi Mugyenyi jointly with Mubende-based radio station, M/s Tropical FM Limited, the soldier’s tenant.
Mr Rutagira is claiming for ownership of the house at Boma Hill and a declaration that the accused parties are illegal occupants.
He is seeking a declaration that both parties have no valid legal interest in the house and that an order for vacant possession be issued.
Meanwhile, court has summoned Col Mugyenyi and Tropical FM to file their defence within 15 days.
“You are hereby required to file in this court a defence in the said suit within 15 days from date of this summons on you, in the manner provided under the Civil Procedure Rules,” reads the summons, warning that failure to file their defence, the complainant will proceed with the case to have judgment entered.
Last week, Ms Gladys Nakibuule, the Deputy Registrar of Nakawa High Court, ordered that the summons be served by way of substitution through the media.
Court documents indicate that Mr Rutagira acquired the controversial house from the former Mubende Resident District Commissioner, Mr Yosam Baguma Banya, in 2009 and that he has been paying for its mortgage.
“The plaintiff shall aver and contend that the defendants do have any interest in the suit land and that the continued use of the said land is illegal and unlawful,” the document reads in part.
It also indicates that Mr Rutagira has suffered damages and economic loss for which he holds the soldier and his tenant is liable.