The Lands Division of the High Court has permitted businessman Medard Kiconco to go ahead to with a case he filed against the Lusanja eviction victims.
In October 2018, Kiconco, with the help of armed police and bailiffs violently demolished 350 houses in the piece of land he claimed to own, leaving over 550 people homeless.
In December, court overturned the eviction order thus declaring it illegal.
Solomon Muyita, the Judiciary spokesperson said the court order that was 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 apologised. 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.
After the court decision, Kiconco filed a case against 17 original squatters on the land that he claims to have compensated. He sued them alongside Kampala Capital City Authority (KCCA), Lands Minister Persis Namuganza and Primary Education State Minister Rosemary Seninde, who he accuses of inciting squatters.
The disputed land measuring 3.89 acres is located on Block 206, Plot 671 at Mpererwe.
Now, High Court through its registrar Samuel Emokor has allowed the businessman to proceed with the case.
“I note that the process server made several attempts to reach the defendants in vain. I, therefore order for substituted service to be done within 10 days,” said Emokor as quoted by New Vision, a local daily.
A substituted service is a provision of legal papers to someone when he/she is unable to be served personally. It is usually done through advertising in media.
