A company has accused the High Court registrar of allegedly halting the execution of judgment orders that had been earlier issued by a judge.
Deputy Registrar Fred Waninda of Jinja High Court is accused of having halted the execution of the judgment issued by Justice Jeanne Rwakakooko involving Kyabazinga Way land in Jinja City.
On August 16, Justice Rwakakooko, directed the cancellation of the land title issued to businessman Jay Thummar Maganlal Patel in regard to land comprised at Plot 24 Kyabazinga Way, in Jinja City.
Justice Rwakakooko held that the 5.34 hectares of land belongs to Tirupati Development (Uganda) Ltd by virtue of the sub-lease it obtained from Jinja Municipal Council, which is still subsisting.
The judge observed that Mr Partel fraudulently and illegally obtained the land.
However, Mr Waninda on August 27 after being moved by an application filed by Mr Patel, restrained Tirupati Development Ltd from taking over the contested land as directed by the judge until September 10.
“In the meantime, the respondent (Tirupati) is restrained from taking any step regarding the execution/ implementation of the orders in the main suit until 10/09/2021 or after disposal of this application,” Mr Waninda states.
But in his August 31 petition to the Principal Judge, Dr Flavian Zeija, Tirupati Development Ltd contends that Mr Waninda’s orders were issued irregularly and in abuse of the court process.
The company is now seeking the intervention of Justice Zeija to overturn them.
“We write and make reference to the attached court order of the deputy registrar of the High Court of Jinja, which we believe to be repugnant in law,” Tirupati states through its lawyers.
When contacted yesterday, Mr Waninda said: “I don’t discuss my orders in the press. The court file is a public document, you are at liberty to access it and establish the law under which the file returned to Jinja High Court despite having been disposed of by the judge in Kampala.”