Court stops Nakalema from arresting pastor over Katanga land

Court has stopped government agencies and officials, among them the head of State House Anti-Corruption Unit, Col Edith Nakalema, from arresting city pastor in regard to disputes over Katanga land near Wandegeya in Kampala.

The Land Division of the High Court issued the interim order against Col Nakalema jointly with the Attorney General, Police CID director Grace Akullo, Charles Muntungi (commandant Police Land protection unit), George Nkurunziza (Deputy OC CID at Wandegeya) and the officer-in-charge of land desk at Wandegeya Police, Mr Richard Lubowa.

Pastor Daniel Walugembe sued the group jointly accused with Makerere University, Vice Chancellor Prof Barnabas Nawangwe and Mr Yusuf Kiranda, the university acting secretary.

“…An interim order doth issue restraining the respondents, their employee, subordinates, successors in office or any other persons acting in their stead from arresting the applicant (Pr Walugembe) in respect of the Kibanja on freehold register situate at Katanga valley, Kampala District,”  the order, issued by deputy registrar Elias Kakooza,  reads in part.    

It will last up to October 29 when the court will sit again to hear an application in which Pr Walugembe accuses government officials and institutions of defying court orders and interfering with the land dispute which is subject to court process.

Occupants
Court records show that in 2015, the High Court ruled that the land was occupied by four family members and their licensees, who are now bonafide occupants, their rights are well protected under the laws governing ownership of land.

The family members are Mr Jonathan Yosamu Masembe, Mr Bulasio Buyisi, Mr George Kalimu and Ms Samalie Nambogga. 

They were battling with Makerere and the Commissioner for Land registration over cancellation of their Land titles and ownership of the land by the university.

However, Makerere has since appealed against the decision faulting the High Court in a matter pending hearing and determination before the Appeal Court.

The court has since also dismissed with costs, an application in which the university had sought injunctive orders against Katanga residents from developing or alienating their bibanja/ banofide tenancies.

The court order followed a move by institution inviting various stakeholders on the disputed Katanga land to update them about the university’s planned developments.