Mpigi. The fate of more than 150 students of Sourthern Secondary School Kayabwe in Nkozi Sub-county, Mpigi District hangs in balance after its ownership changed following court judgment.
In his ruling delivered last Thursday, Justice Wilson Masalu Musene of Mpigi High Court, held that the land comprised in Mawokota Block 268, Plot 37 at Kayabwe in Mpigi District with the school on it, rightly belongs to a US-based Ugandan banker, Mr Rogers Agaba Kyalisiima and not Mr Senfuka Bagenda.
Mr Agaba had sued Mr Bagenda for having refused to vacate and hand over the land and the school despite the former buying off the property at Shs160m in 2015.
“In view of the overwhelming evidence on record, both oral and documentary, I find and hold that the defendant (Mr Bagenda) by refusing to give vacant possession of the land and properties sold (school) or refund of the purchase price plus interest as agreed, breached the terms of sale agreement,” Justice Musene ruled.
Subsequently, the judge also issued an eviction order to Mr Bagenda.
“Having found the three issues above in affirmative, I do hereby enter judgment against the defendant [Mr Bagenda] and in favour of the plaintiff [Mr Agaba]. I also proceed to issue an eviction order against the defendant,” the judge ordered.
Justice Musene also issued a permanent injunction against Mr Bagenda and his agents from trespassing on Mr Agaba’s property.
For being inconvenienced by Mr Bagenda’s refusal to hand over the property to Mr Agaba, the former was ordered to compensate the latter with Shs20m and also meet his legal costs incurred in pursuing the matter.
The judge also in his verdict, out rightly rejected the defense Mr Bagenda put up during the hearing ruling that he could not make a U-turn to have back his property and yet he had sold it out to Mr Agaba.
Mr Bagenda had explained that he obtained a loan from Mr Agaba but did not sell him the property.
He had further explained that the loan was to enable him pursue the compensation process of his land in Ssabaddu, Masaka District which had been grabbed from him by government.
But Justice Musene observed that the agreement executed between Mr Bagenda and Mr Agaba was a “land sale agreement” and not a “loan agreement”.
Reacting to the ruling, Mr Agaba said: “Justice has been served. My hard earned money didn’t go down the drain.”
He explained he plans to turn the school into an orphanage.
The sad news is that the students can only continue studying in the school if they only fall in the aforementioned category.
When Daily Monitor visited the school on Friday, the mood at the school was sombre. “We are in panic because we don’t know what is next due to these land wrangles,” one of the teachers who preferred anonymity said.
Efforts to reach out to Mr Bagenda by press time were futile.