New judge to hear NFA case against king of Bunyoro
Omukama of Bunyoro-Kitara Kingdom, Solomon Iguru Gafabusa
Kampala- The National Forestry Authority (NFA) case against Omukama of Bunyoro-Kitara Kingdom, Solomon Iguru Gafabusa for alleged encroachment on Bugoma Forest awaits a new judge, a senior judicial officer said yesterday.
In December last year, Masindi resident judge Albert Rugadya Atwooki stepped down from the matter and the file had been sent to the Principal Judge, Justice Yorokamu Bamwine, for guidance.
Yesterday, Justice Bamwine said the case file was sent back to Masindi High Court pending another judge to take over.
“Once a judge steps down, another judge takes over. The successor judge has the preserve under the law to determine the procedure to take whether to rely on the evidence and submissions to give judgement or hear the case afresh,” he said and declined to mention the judge citing fear of prejudicing the case.
Asked when the case will be handled, Justice Bamwine said: “As soon as the funds are made available, the successor judge will be sent to handle that case.”
The case, filed in 2016, had been set for judgement after hearing of evidence from all parties, according to sources at the court.
The NFA accuses the king of fraudulent concealment and stealthily applying for a freehold title on part of the forest land which was granted by the Uganda Land Commission (ULC).
The Omukama, who denies the allegations, is jointly sued with Hoima Sugar Limited.
The NFA is seeking court declarations that the king’s stay and utilisation of the natural forest is illegal and amounts to trespass.
The land under dispute is on Plot 216, Buhanguzi Block 2 in Bugoma Forest in Hoima and is held by Hoima Sugar Limited.
