Court blocks army officer from developing disputed plot
A woman walks past the contested piece of land in Kayunga Town on Wednesday. PHOTO / FRED MUZAALE
What you need to know:
- Brig James Kinaalwa and sub-county leaders led by the chairperson, Mr Joshua Kampi accuse the army official of illegally constructing on the land.
Mukono High Court has issued an interim order stopping a Uganda People’s Defence Forces brigadier from erecting a commercial building on a piece of land under dispute with Kayunga Sub-county in Kayunga District.
Brig James Kinaalwa and sub-county leaders led by the chairperson, Mr Joshua Kampi accuse the army official of illegally constructing on the land.
The interim order issued by the Mukono High Court Deputy registrar, Ms Mary Ikit, on Wednesday restrained Brig Kinaalwa or his agents from constructing structures, ferrying building materials or doing any other activity on the contested land.
According to documents seen by Daily Monitor, Brig Kinaalwa bought the disputed land from Buganda Land Board at Shs35m.
“The applicant is restrained from entry of fenced area in possession of respondent pending the disposal of the substantive application for a temporary injunction..,” the order reads in part.
The disputed four-acre piece of land is adjacent to Kayunga Regional Referral Hospital.
Despite resistance from the sub-county leadership, Brig Kinaalwa had proceeded to fence off the land. He had also started ferrying building materials to the site.
Mr Kampi claims the land belongs to the sub-county, which has its title.
“I have also recovered the land title of the nine-acre sub-county land that was stolen in 2013. I found it abandoned under the door of my office. The recovery of the land title is a big step towards winning the battle with Buganda Kingdom,” he said.
M
r Kampi added that the contested land does not belong to the kingdom,but Uganda Land Commission, who gave them the title in 2002.
“What Mengo has to show as proof of ownership of this land are the buildings but I want them to bring proof that this land is theirs,” Mr Kampi said.
On the contested piece of land is Kayunga Community Centre, which the sub-county rented to Jonathan Medical Centre.
Dr Francis Kakooza, who operates a pharmacy on the building, accused Brig Kinaalwa of trespassing on his rented property.
The land also has several market stalls.
Mr Kampi claims Brig Kinaalwa fraudulently obtained a 49-year lease for the land from Buganda Land Board (BLB).
The board manages land and property returned to the kingdom under the Restitution of Assets and Properties Act of 1993.
It also handles land that was returned during the memorandum of understanding between the central government and the Kabaka in 2013, including land that houses counties and sub-counties.
However, Mr Denis Bugaya, the BLB legal and information officer, insists the land belongs to the kingdom, adding that they have a title for it.
