What you need to know:
- Court heard that in January 2021, Ms Omamteker embarked on the surveying of her land and it was found that Ms Barigye the owner of plot 31B had started to put up a structure on her own property but encroached onto her (Ms Omamteker) land by 1.5meters.
The Family of former Uganda Airlines flying Captain Darlington Omamteker has asked court to stop Entebbe businesswoman from allegedly encroaching on their land.
While appearing today before Justice Bernard Namanya of the High Court Land Division, Ms Rosemary Kiiza Omamteker the wife to Mr Omamteker sought for a permanent injunction restraining a one Peace Barigye and her agents from trespassing on her land measuring 0.101 hectares on plot 31A located at Uringi Crescent, Entebbe in Busiro County, Wakiso district.
Court heard that in January 2021, Ms Omamteker embarked on the surveying of her land and it was found that Ms Barigye the owner of plot 31B had started to put up a structure on her own property but encroached onto her (Ms Omamteker) land by 1.5meters.
“On several occasions we tried to reach out to the defendant (Ms Barigye) to stop encroaching and trespassing on my land but it was all in vain,” Ms Omamteker told court.
Justice Namanya heard the application with only applicants Mr and Ms Omamteker together with their daughter after presentation of a letter of service to Ms Barigye informing her about the case but failed to show up.
Ms Omamteker further told court that she asked Ms Barigye to pay for the piece of the land she had encroached on but she refused and instead went ahead to construct in the access road.
“We share the access road to our respective plots of land but with arrogance, Ms Barigye blocked us from accessing our plot by constructing and putting up a gate,” Ms Omamteker.
Court further heard that Ms Omamteker contracted surveyors who explained in the report that the geometry of plot 31A in the said area and its estate is exactly similar to Omamteker's title print and advised that encroachment issues should be handled privately by the two parties but this all went futile.
It was further heard Ms Barigye's actions are malicious and wicked and have greatly interfered with Ms Omamteker’s quiet possession of the suit land.
She then asked court to order her to vacate her land, to demolish the illegal structures constructed and compensate her for the damages caused at a 25 per cent rate.
The trial Judge has now sent December 2 to deliver his ruling to the application which Ms Barigye failed to file her defence nor have any legal presentation.