Court stops demolishing of Katanga land structures

Court has temporarily stopped Kampala Capital City Authority (KCCA) from demolishing buildings on Katanga Valley land near Wandegeya until determination of the pending main suit on ownership.
The Civil Division of the High Court registrar on Friday issued an interim order against KCCA and its deputy executive director, Mr David Luyimbazi.

“An order restraining the respondents, their employees, subordinates, agents, successors in office, assignees or any other person acting in their stead or claiming under them from demolishing/ removing structures and buildings,” reads the order issued by the assistant registrar, Ms Agnes Alum.
The buildings that had been set to be demolished are occupied by more than 50,000 bibanja holders in Busia and Kimwanyi Zones in Katanga Valley.

The order was issued in the presence of Brian Rubaihayo, the lawyer representing Pastor Daniel Walugembe, as well as Ms Rita Mutuwa who represented KCCA and Eng Luyimbazi.
The court order followed an application in which Pastor Walugembe of Eternal Life Gospel Church is challenging the planned destruction of the buildings on Katanga Valley land, reasoning that they are a source of livelihood for more than 50,000 residents who will be rendered homeless.

Protracted legal battle
Pr Walugembe is one of the 50,000 bibanja holders who are embroiled in a protracted legal battle with Makerere University over Katanga valley land.
In 2015, the High Court ruled that the Katanga valley land was occupied by four family members and their licencees 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, Bulasio Buyisi, George Kalimu and Samalie Nambogga. They were battling with Makerere University and the commissioner for land registration over cancellation of their land titles and ownership of the land by Makerere University.
However, Makerere University has since appealed against the decision, faulting the High Court in a matter pending hearing and determination before the Appeal Court.
Contention
Court records show that on March 18 to 20, KCCA deployed its enforcement officers to survey the suit properties to come up with a plan on how to carry out the demolition, which was slated for March 21 to March 24. Through his lawyers, Pastor Walugembe then went to court to block the move.