Court extends injunction on disputed land in Sembabule
Construction works on the disputed piece of land at Mijwala Sub County headquarters in Sembabule Town Council which is being claimed by Buganda Kingdom. PHOTO | ISSA ALIGA
What you need to know:
- Buganda Kingdom dragged State Minister for Health in charge of General Duties, Ms Anifah Kawooya and six other local leaders in Sembabule District to Masaka High Court seeking to halt the development of land on Block 83 Plots 260 and 196 at Kabosa and Byekisa villages respectively pending determination of the main application.
The Masaka High Court has extended an interim injunction halting construction works on a disputed piece of land between Buganda Kingdom and seven individuals in Sembabule District.
Buganda Kingdom dragged State Minister for Health in charge of General Duties, Ms Anifah Kawooya and six other local leaders in Sembabule District to Masaka High Court seeking to halt the development of land on Block 83 Plots 260 and 196 at Kabosa and Byekisa villages respectively pending determination of the main application.
The injunction according to Mr Julius Burore, the deputy registrar at Masaka High Court, has been extended after the parties reappeared in court on Thursday and the defence team led by Mr Kandebe Ntabireki told the court that the applicants had not served them.
Though the applicants led by Mr Eliakim Atumanya in reply dismissed the claim that they had not served the respondents in time, they argued that there are going to serve them again so that in the next sitting they will be ready to proceed.
Records before court indicate that Ms Kawooya and other respondents trespassed on the Buganda Kingdom land without any written consent from Buganda Land Board, which manages the kingdom estate.
The court ordered that an interim injunction issued before is restraining, prohibiting, preventing, and stopping the respondents, their agents, servants or workers, assignees, and anyone person from further construction, carrying out any developments, dealings, selling off, and or transferring the suit land; be extended pending hearing and determination of the main application.
“This order of interim injunction shall remain in force until May 3, 2022, when miscellaneous Application No 53/ 2022 will come back to court for further hearing,” the registrar said.
Kabaka’s chief in Mawogola County, Mr Muhammad Sserwadda said they are ready to pursue the case up to its logical conclusion so that the kingdom can retain its land that is currently under contention.
“We are still hopeful that the court will sound a warning to whoever will attempt to grab the kingdom land in the areas that they will not go unchallenged. I was surprised that the respondents had to come up with such an excuse that they had not been served in time but anyways let’s wait for the next court session,” he said.
However, Mr Benon Bulora, one of the respondents said they halted all the activities on the disputed land as per the court order but insists they rightfully acquired the land.
“We don’t have any issues with the kingdom, its land is on Block 83 Plot 4 while ours is on Block 83 Plot 260. Both pieces of land are distant from each other and I wonder why they claim that I encroached on the Kingdom land.” he added
Ms Kawooya had started erecting a nursing school on the distributed land while other respondents are planning to put on different development projects.
On the same Block 83, there is; Sembabule Town Council headquarters, Sembabule Police Station, Sembabule Magistrates Court, ruling National Resistance Movement (NRM) district offices, and individuals who acquired freehold titles.
