Lusanja residents were illegally evicted-Judiciary

By Mubiru Ivan

The Judiciary has said people in Lusanja were illegally and illegitimately evicted.

Appearing on NBS TV Morning Breeze show on Tuesday morning, Solomon Muyita, the Judiciary spokesperson said the court order that delivered by Nabweru Chief Magistrate Esther Nasambu was meant for the land in Ssekanyonyi zone, Mpererwe but not Lusanja.

“After the order, the magistrate realised that she had done a mistake and she apologized. Apology in this country is part of our culture. She also stated in her explanation to our supervisor that part of what was demolished in Lusanja was not the area in her judgment. The matter she handled was about Ssekanyonyi zone in Mpererwe not Lusanja. Now these two areas are just neighbouring each other,” he said.

Muyita further noted that they have already sent the case file to the Land Division of the High Court for revision. He said the case has very many issues that need to be rectified.

“So what is now being investigated is that the bailiff who was tasked to execute the order also overstepped and he went outside of the order and demolished houses outside what the court order said. However as we speak also some issues arose that the subject matter was beyond what a magistrate court can handle, it was a matter that would ordinarily put before the high court so that file has been to the land division of High Court for revision and the mistakes done by the magistrate will probably be rectified,” he added.

In her November 30 letter, Nasambu apologized to Chief Justice Bart Katurebe saying the biggest mistake she made as a Magistrate was to depart from the rule of prudent practice that requires visiting the land in dispute before issuing such orders authorizing eviction of people.

“I humbly apologize and take this as a big lesson,” she said.

The eviction took place in October where 350 houses were demolished leaving over 550 people homeless.

It was executed by Bailiff Moses Kirunda of Spear Link Auctioneers & Court Bailiffs on the orders of city businessman Medard Kiconco who alleged that the disputed 9.6 acres of land belonged to him.

The move sparked public anger prompting President Yoweri Museveni to visit Lusanja where he condemned the judiciary for carrying out reckless decisions.