Makerere, VC sued over demolished Katanga structures

A section of the disputed land in Katanga near Wandegeya in Kampala. PHOTO / ABUBAKER LUBOWA

What you need to know:

  • Prof Nawangwe is jointly sued with the university’s acting secretary, Mr Yusuf Kiranda, and Mr Ivan Tenywa, a senior police officer

Makerere University and three of its officials, among them the vice chancellor, Prof Barnabas Nawangwe, have been sued over the alleged demolition of structures on the disputed Katanga land in violation of a High Court order.
Prof Nawangwe is jointly sued with the university’s acting secretary, Mr Yusuf Kiranda, and Mr Ivan Tenywa, a senior police officer.

In the case filed before the High Court in Kampala on July 7, by Mr Daniel Walugembe, a pastor, through his lawyers, it is alleged that Prof Nawangwe and Mr Kiranda directed Mr Tenywa to evict Mr Walugembe by demolishing and removing his perimeter fence, garage and other structures in violation of a court order issued on March 7.
In March, the High Court issued a temporary order stopping any government employees from evicting more than 50,000 occupants, among them Mr Walugembe, from the Katanga land near Wandegeya in Kampala until the final disposal of the main case. 
The matter is still pending in court.

The court also halted any criminal investigations against Pastor Walugembe regarding the dispute over the Katanga land and also stopped government agencies from interfering with any developments on the land in dispute.
The court order was issued against the Attorney General, the director of criminal investigations, the commandant of the land protection unit of the police, and the police.

 “The demolition altered the status quo in favour of the respondents (accused parties) and if the status quo is not restored, the applicant shall be put at a disadvantage of proving possession and occupation of the suit land in the pending cases,” the complaint reads in part.
The petitioner is now seeking an order to restore the status quo on the land and that the accused parties pay Shs300m as the cost of restoring the structures.

“A temporary mandatory injunction be issued restoring the status quo on land comprised in freehold register 59 folio 21 Kyadondo land at Katanga valley as was preserved by a temporary injunction issued by this honourable court on March 7,” the court documents read in part.
Background
In 2015, the High Court ruled that the Katanga Valley land was occupied by four family members and their licensees who are now bonafide occupants whose rights are well protected under the laws governing ownership of land.
The four family members are Jonathan Yosamu Masembe, Blasio Buyisi, George Kalimu and Samalie Nambogga. They are battling Makerere University and the Commissioner Land Registration over the cancellation of their land titles and ownership of the land by Makerere.

In April, the court stopped Kampala Capital City Authority (KCCA) from demolishing structures on Katanga land until the determination of pending disputes.
The order was issued against KCCA and its deputy executive director, Mr David Luyimbazi.
 

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