The Masaka Magistrate Court has issued a legal directive to eleven alleged Land grabbers to vacate the 150 acres of land belonging to the late Deo Luwukya in Masaka District.
According to the chief magistrate court order- civil suit No. 91 of 2014 ruled by magistrate Aloysious Natwijuka Baryeza; eleven defendants led by Ibrahim Bulu Katale (Business man) in Masaka City, Juma Ssekandi, Badru Ssesanga Batte, Matida Nalungi, Herman Kiberu, Richard Kimera, Regina Namubiru, Godfrey Ssuuna, Kasimu Ssentamu, Joseph Waligo and Roseline Anyango encroached illegally on the land belonging to the late Deo Luwukya approximately 150 acres; 64.197 hectares and gazzated on it with their business activities without approval from the land owner Luwukya.
Earlier on March 15, the Masaka Magistrate Court ruled the judgement in favour of the plaintiff Donah Kwesagira also the son to the late Deo Luwukya who had filled the suite against the defendants jointly and severally for trespass and encroachment on the suit land comprised in Buddu Block 314 plot 19/20 volume 1575 folio 5 at Bukibonga village, Bukakata sub county in Masaka District measuring approximately 150 acres (64.17 hectares) for the court assistance.
According to Kwesagira, the court verified the order and notified the Resident District Commissioner (RDC)and Deputy Police Commander (DPC) Masaka City though the defendants; led by Herman Kiberu also the Bukibonga village chairperson, Bukakata sub county have been playing the cat and mouse games with the court’s order and none of them have adhered to the ruling theirby staying akimbo on settling on the land with cases of intimidating and citing violence against the family of the late Deo Luwukya.
” The court ruled that on 10th July the defendants could compassate for the damages and evacuate the land but until now no proceedings have taken place. I am aware that on 26 June this year the court will intervene with formalised measures as they directed the defendants to appear in court again and usher in with an official ruling on 10th July, this year, ” Kwesagira also the overseer of the late Deo Luwukya’s family property Shared.
Born to the late Deo Luwukya in the family of fifteen children; Kwesagira is a graduate of Science and Technology from Kyambogo University and currently pursuing a Masters Degree in Renewable resources at Makerere University and appeals to the court and city authorities including the Buganda Kingdom premier Charles Peter Mayiga to intervene in the conundrums surrounding their father’s land property.
According to Kwesagira, 36, the area chairperson Herman Kiberu and Bulu Katale connived with John Masereka and sold them their land approximately 10 acres to carryout farming and exercising permanent family settlement.
” The only fear is that (Katale) they sold the land to Mr. Masereka and fears to compesate him with funds which has excarrated the situation in the area with many emerging land grabbers and land grabbing cases increasing,” he adds.
According to Counsel Christopher Bumpejje affiliated to Bumpenje and Kampala Advocates; the land owner also the late Deo Luwukya purchased the land through his father Kyayi Kagolo in 1986 with a 99- lease hold under the Buganda Land Board management.
“The late Mr. Luwukya was cleared on that land way back and the family has been carrying out activities such as farming in the past. Since it is located in a a distant space far compared to his family settlement, these goons decided to grab it and utilized the opportunity of settling on it unlawfully. The Court rules are clear that they (Eleven) must evacuate it and compassate the plaintiff with shs: 83milion as the court ordered before closure of business this week,” asserted Bumpenje.
Bumpejje a private lawyer born to Mr. Christopher Bumpenje and Ms Mary Nakiyingi boast with a post graduate Diploma from Law Development Centre and a barcleors Degree holder in laws from Makerere University in 2006 and 2010 respectively cites that eleven defendants could be subjected to pay more costs for the damages if they fail to adhere to the court orders and rulings amicably.
” This is an excuation stage where the plaintiff must be willing to wait from the court orders which are more clear and the defendants should pay shs: 83milion and handing over the land to the family of Mr. Luwukya as elaborated in the court ruling on 10th July,” added Bumpenje.
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