How 85-year-old ended up in Luzira over land wrangle

An 85-year-old man has been sent to Lugazi’s civil prison for failing to pay about Shs12m in legal costs after he lost a land case three years ago.

In 2020, Lugazi Chief Magistrate’s Court declared Mr Wilberforce Wandyaka a trespasser on a three-acre contested piece of land located in Namulesa, Ngogwe Sub-county, Buikwe District. One Peter Nsubuga was instead found to be rightful owner.

Being a losing party, the court condemned Mr Wandyaka to general damages of Shs2m and also ordered him to pay over Shs9.9m in legal costs.

Subsequently, on November 9, 2022, court issued a notice, demanding that Mr Wandyaka shows cause why he should not be arrested for failing to pay the fines of court.

Ms Stellah Nakazibwe, a granddaughter of Mr Wandyaka, said their 85-year old grandfather was on August 24 picked by people believed to be court bailiffs from his home in Namulesa, who took him to court from where he was committed to Lugazi civil prison for failure to pay the aforementioned legal costs and damages.

Civil imprisonment is when a court orders a person who owes money to another to be jailed until they pay their debt. In Uganda, the jail sentence is usually six months.

On February 18, 2020, Grade One Magistrate Aisha Nabukeera, found Mr Wandyaka, a trespasser on the land.

“In the instant case, the evidence of the 1st (Mr Wandyaka) and 4th (Daudi) defendants indicate that they prevented the plaintiff (Mr Nsubuga) and his people to wit wife and children from enjoying quiet possession of the kibanja when they beat, attacked and chased them away from the disputed kibanja hence interfering with his lawful possession hence trespassers,” ruled Magistrate Nabukeera.

“Therefore, court finds the 1st (Mr Wandyaka) and fourth (Daudi) defendants to be trespassers onto the suit kibanja,” she added.

In 2018, the plaintiff sued Mr Wandyaka and four of his sons over the contested land.

His sons included Mr Joseph Buyinza, Mr Sam Wandyaka, Mr Daudi Wandyaka and Mr Fred son of Daudi Wandyaka.

The five family members had jointly been sued for trespass onto Mr Nsubuga’s kibanja and also on assault charges.

They were also required to foot the medical bills incurred when they allegedly beat up Mr Nsubuga when they trespassed on his land.

About the case

Core to Mr Nsubuga’s law suit was that he was the rightful owner of the land having acquired it as a gift from the landlady, Ms Catherine Sebuliba, the administrator of the estate of the late Ham Mukasa in 2016.

He claimed Mr Wandyaka trespassed on his kibanja and stopped him by attacking, assaulting and threatening him with the intention of stopping him from using his land.

In their defence, Mr Wandyaka and sons had denied being trespassers, claiming to have lived on the said land since 1959.

All the five family members testified in court that the disputed kibanja was on the side of Kabaka’s land and not on Ms Sebuliba’s land.

But in her decision, the magistrate held that whereas the 85-year-old and his sons based their ownership on the fact that they registered the kibanja with Kabaka’s office, they failed to tender in any proof of registration.

Reacting to the imprisonment of her grandfather, Ms Nakazibwe said the land in question is theirs and that the land that Mr Nsubuga took was not on the same land title with that of their grandfather.

She added that what is now important is getting him out of prison.