What you need to know:
- The plaintiff wants an order of compensation at Shs65 million for the forceful entry and compulsory acquisition of her land and Shs10 million for violation of their rights to property, livelihood, environment and economics
The proprietor of Entebbe Junior School has petitioned the High Court in Kampala over alleged forceful arrest by the Entebbe Police Officer in Charge (OC) Kassim Mambo.
In her petition filed before the High Court Civil Division, Ms Rosemary Omamteker and four others are seeking a declaration that the acts of the respondents and their agents of forcefully arresting them on April 3, 2022 are an infringement and a violation of their fundamental and human rights.
The respondents in the case are Mr Mambo, one Peace Barigye and the Attorney General (AG).
Ms Omamteker is further seeking a declaration that the respondents’ act of forcefully taking and constructing on her land situated on plot 31A on Uring Crescent road, Entebbe in Busiro County, Wakiso District without compensation are a violation of the right to property, livelihood and economic rights enshrined in the constitution.
Ms Omamteker narrates that on March 6, Barigye beat her and her daughter Michelle Omamteker using peg thus causing injuries which act amounted to torture and violation of their rights which case was reported to Entebbe police on March 6 but no help was rendered.
“On April 3, the second to fifth applicants (Nicholas Bukenya, Perry Oguda, Jerry isan Magembe and Abdulakim Kimbugwe) were illegally arrested by the respondents while carrying out works of fencing part of their piece of land without regard to our human rights and dignity,” she further stated.
According to the court documents, the respondents’ alleged unlawful encroachment onto Ms Omamteker’s land, destruction of plants and their arrest without fair hearing amounted to derogation from the same.
Through their lawyer of Omongole & Co. Advocates, Ms Omamteker states that the respondents’ wanton actions have caused inconvenience, psychological torture, suffering and mental anguish to them.
She is now seeking an order of compensation at Shs65 million for the forceful entry and compulsory acquisition of her land and Shs10 million for violation of their rights to property, livelihood, environment and economics
Court documents indicate that Ms Omamteker also wants an award of damages for the inconvenience, psychological torture and suffering occasioned to her and four others at an interest of 25 percent.
The trial judge Musa Ssekaaana has set February 13, 2023 for the hearing of the case.