Mak suffers setback in fight for Katanga land

Court has dismissed with costs an application by Makerere University seeking to evict more than 50,000 occupants of land in Katanga, a Kampala suburb.

Makerere University lawyers had asked the court to issue restraining orders against the occupants on Katanga land stopping them from further developing their bibanjas.

 The university also wanted court to block any transfer of the bibanja interests on the land in dispute pending determination of the main case.

Makerere had filed a case against Pastor Daniel Walugembe, Mr Abdu Ssekajja and Kampala Capital City Authority (KCCA).

But Mr Simon Kintu Zirintuusa, the registrar of the High Court Land Division, yesterday ruled that the arguments advanced by Makerere University are speculative and doubtful since there is no new controversy between the university and the occupants led by Pr Walugembe.

 On November 10, Makerere University filed a case seeking declaration that there is no kibanja that exists on the land. In the fresh case, the university is seeking a court order blocking the occupants from developing the disputed land and also wants all structures demolished.

The fresh case comes amid a pending appeal in which Makerere University is seeking to overturn a 2015 judgement where court ruled that the Katanga valley land was occupied by four family members.

Court also ruled that the licensees, who are now bonafide occupants, have rights that 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.

The court has since dismissed with costs an application in which Makerere University had sought injunctive orders against Katanga residents from developing or alienating their bibanja/bonafide tenancies.

Last month, the same court stopped government security agencies from arresting Pr Walugembe in regard to the same dispute.

According to an August 11 letter, Makerere University acquired the land on Block 38 commonly referred to as Lower Katanga.

The letter further states that the land was reserved for “future developments in line with [Makerere University’s] motto of building for the future.”

Local leaders protested the contents of the letter, reasoning that its intention is to evict more than 50,000 bibanja holders without following the due process of the law.

It is alleged that on many occasions, Makerere University resorted to unlawful means of evicting bibanja holders using the police and State House Unit in disregard of the court orders and decisions.

On September 15, Internal Affairs Minister, Maj Gen (Rtd) Kahinda Otafiire, directed the Inspector General of Police to guide members of the Force to refrain from interfering with court orders not only in the Katanga land matter but also in incidents of a similar nature.

“Where a party is aggrieved, he or she should not use the police force and the police force should not allow it to be used to defy a court order. The only course of action such a party should take should be to move to court to set aside the judgement or order he/she is aggrieved with,” Gen Otafiire wrote.

Background

On November 10, Makerere University filed a case seeking declaration that there is no kibanja that exists on Katanga land. In the fresh case, the university is seeking a court order blocking the occupants from developing or enjoying the disputed land.