High Court overturns Lusanja eviction order

Kampala. The High Court has nullified the eviction of hundreds of families whose property worth millions of Shillings was destroyed in Sekanyonyi Village, Mpererwe, Kawempe Division.

High Court Judge John Eudes Keitirima on Friday ruled that the Chief Magistrates Court at Nabweru had no authority to order the eviction. “The execution was a nullity as it was based on a decision that was issued by a court without competent jurisdiction. Determining the merits or the demerits of the execution process would, therefore, be superfluous,” Justice Keitirima ruled.

Justice Keitirima ordered that any aggrieved party in the land dispute should institute their suit in a court with competent jurisdiction.

In October, businessman Medard Kiconco, claiming to own the land, with the help of armed police and a gang violently evicted the residents from land they have lived on for decades and destroyed their property.

The residents led by Mr Fred Kanyike said a total of 350 homes were demolished without notification and more 240 others.

The High Court order followed an application filed by Mr Patrick Opedo and 16 others, who had petitioned the court to set aside the exparte judgement.

Court documents shows that on October 3, 2017, Nabweru Chief Magistrate’s Court presided over by Ms Esther Nasambu ordered Mr Patrick Opedo and the other parties to vacate the land, saying they were trespassers.

The court also issued a permanent order against the evictees, their agents and workers, restraining them from “further trespassing and degrading the land, neither alter its layout or continuing the nuisance or further construction thereon.” They were also ordered to pay Shs20 million as general damages for loss that Mr Kiconco had suffered.

The orders were sanctioned by the Execution Division through a warrant of vacant possession issued to bailiff Moses Kirunda of Spear Link Auctioneers and Court Bailiffs, leading to the October 3 eviction.

But Principal Judge Yorokamu Bamwine referred the case file to the High Court judge following contestations against orders by Nabweru Chief Magistrate and High Court Registrar Baker Rwatooro that resulted in the violent eviction.
The court has been asked to study the contestations and the file of the trial court for possible revision orders and appropriate action.

The revision follows several interventions, including by President Museveni, who halted the eviction and ordered an investigation.