High Court has ordered the immediate vacation of 148 residents from Lusanja land declaring that they bought it from the wrong person.
Court has declared Medard Kiconco the rightful owner of Lusanja land, a 3.89 acre piece of land that is part of 85 acres bought by late Paul Katabazi Bitarabeho in 1978 from the late Namasole Bagalayeeze Lunkuse.
High Court judge Tadeo Asiimwe delivered the ruling today Friday declaring businessman Medard Kiconco right owner of the land and ordered the immediate evacuation of 148 squatters from the land within one month.
Kiconco says he bought the land back in 2013 with only 17 squatters who he compensated.
Kiconco earlier in January 2017 sought orders for abetment of nuisance, a demolition order and delivery of vacant possession in an attempt to vacate squatters from his land.
As a result, the businessman filed a suit with Nabweru Chief Magistrate’s Court on the above grounds on January 12, 2017.
Pursuant to filing the suit, former Chief Magistrate Rebecca Nansambu granted Kiconco orders of demolition and declaring the squatters trespassers.
Consequently Kiconco approached High Court’s execution and bailiff’s division where he secured a demolition order from deputy registrar Baker Rwatooro on August 23, 2018.
The eviction attracted mixed reactions from many Ugandans, including President Yoweri Museveni, who visited the land with Justice Catherine Bamugemereire, the chairperson of the commission of land inquiry, on October 16, 2018, and halted further eviction and demolition of houses.
This prompted the Principal Judge, Yorokamu Bamwine, to direct the Land Division of the High Court head, John Eudes Keitirima to hear the case afresh.
On December 14 last year, Keitirima ruled that the residents were wrongfully evicted from the Lusanja land because the trial magistrate had no powers to handle the case.
However, he advised any aggrieved party to institute a substantive case before a right court for trial.