DRAMA unfolded in the morning of Thursday 16th May, 2024 when armed security guards from Pyramid Security Group (PSG) tried to illegally eject their counterparts from Wolves Security guard who have been deployed to keep watch over a juicy piece of land in Jinja City.
The contested land is located on Plot 68-72 along Industrial Estate Road, adjacent to Nilus Group Limited in Masese II, Southern Division currently home to hundreds of factories in Jinja City.
Acting on the orders of James Asiimwe who introduced himself as the Human Resource Manager (HRM) of Lukonge Cotton Company (LCC), the five guards, two armed, stormed the site ready to take possession of the land.
This left the Wolves Security Group lone unarmed guard on duty in total shock because he had not received any order from his deploying officer to vacate the place.
“…under normal circumstances, the police must also be present to supervise the change of guards while representatives from both parties also come around to witness, but this is strange…”,the unidentified guard complained and resisted threats from the invading guards.
The situation was saved from sliding into chaos when the Kiira Regional Police Commander Rogers Sseguya learnt of it and made frantic calls to ensure that the PSG guards withdrew with immediate effect.
“…we shall begin arresting some of the supervisors of these private security companies who do not follow procedures that are clearly spelt out on all matters including deployment…”the RPC roared.
Armed with a copy of what he called an Interim Order, Asiimwe walked away but vowed that his guards would soon take control of the land which he claimed belonged to Lukonge Cotton Company.
“…these guys (Hard Rock Quarry) do not have any single documents to prove that the land belongs to them, so it’s a matter of days that they will be exposed as liars…”,James Asiimwe who also serves as a pastor commented before leaving the scene.
Now the Jinja City security Committee (JSC) is monitoring with keen interest a bitter land wrangle between two rival private companies with signs that the matter could slide into an ugly scenario.
Measuring 3.2540 hectares, the land has been a centre of controversy between Hard Rock Quarry Uganda Limited (HRQU) and Lukonge Cotton Company Limited (LCCU), with both becoming perennial litigants.
According to documents available, the original certificate of title under LRVJJA 74 Folio 7 was issued on 13 October, 2014 to Hard Rock Quarry Uganda Limited who enjoyed peaceful possession before trouble erupted.
According to Bob Singh Dhillon the director of Hard Rock Quarry, trouble started in 2015 when the then owner of the now defunct Steel Rolling Mill (SRM) Abid Alam reportedly claimed customary ownership of the same land and used his connection to influence the Commissioner Land Registration to erroneously cancel the title.
There have been back and forth court appearances with dozens of miscellaneous applications from both parties on the contested land, all of which were always ending in favour of Hard Rock Quarry Limited.
This prompted a High Court judge, Lady Justice Dr Winifred Nabisinde to sum up the long standing land matter between Hard Rock Quarry Uganda Limited and Lukonge Cotton Company Limited as res judicata.
The doctrine of res judicata, also known as claim preclusion derived from the Latin, “a thing or matter that has been finally judicially decided on its merits and cannot be litigated again between the same parties is a legal principle that states that a matter that has been finally determined by a court of competent jurisdiction cannot be re-litigated by the same parties or their privies in a later suit.
The purpose of res judicata is to promote judicial efficiency and prevent the harassment of parties by multiple lawsuits.
“…Civi Suit No 17/2021;Lukonge Cotton Company vs. Hard Rock Quarry(U)Ltd and Commissioner Land Registration is found to be unmaintainable in law for being founded on illegalities and is hereby dismissed…”,Lady Justice Dr Winifred Nabisinde ruled.
In the ruling on Civil Suit 17 of 2021, the judge dismissed that Lukonge Cotton Company has no locus and legal basis to sue Hard Rock Quarry, adding they should instead go after Abid Alam of Steel rolling Mills who fraudulently sold them ‘air’.
Hard Rock Quarry Uganda Limited now has a Special Certificate of Title that was issued on 30 April, 2024 by the Registrar of Titles, a copy of which this reporter obtained and confirmed as genuine certified one.
However, reports emerging say Lukonge Cotton Company Limited through their Kampala City based lawyers have submitted a copy of the Court Order to the Inspector General of Police (IGP) where it will be rechanneled back to the Kiira RPC and his team to table to the City Security Committee chaired by the RCC Darius Naninda for scrutiny to guide on the next course of action.
“…its true our lawyers are handling the issue and we hope very soon a new situation will come and we take full charge of our land…”, Pastor James Asiimwe said.
Earlier the Security Committee convened a meeting on 7th May, 2024 when both parties attended in a bid to hear the sensitive matter pitting two investment companies.
It was unanimously resolved that Hard Rock Quarry Uganda Limited should continue with its possession of the land unfettered until other new developments or orders are declared.
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