Masaka High Court Set's 17th August 2022 For Final Ruling on Dr. David Ssenfuka’s Case Against Deputy RDC Bukomansimbi And LC.5 Chairman.
BY MUSISI LWANGA
Masaka high court has set August 17, as the date when it will issue its final ruling in the case where the herbalist Dr. David Senfuka is accusing Fred Kalema, the Deputy RDC of Bukomansimbi together with Fred Nyenje Fred the Chairperson LC V and the Attorney General Kiryowa Kiwanuka, for rallying residents never to pay a single annual subscription fee (Busulu) to him.
On April 27, Dr. Senfuka through his lawyer’s M/s Katutsi & Lamunu Advocates dragged the trio in Court accusing them of telling residents (Bibanja holders) never to pay him his annual subscription (Busulu).
The said land is two square kilometers with 600 squirters located Budda village, Kisojjo Sub County in Bukomansimbi district.
In the year 2021, the Plaintiff filed two suits, No. 084 of 20211 and No. 085 of 2021, in the Chief Magistrate's Court of Masaka against some of the occupants of his land seeking, among others, declarations that they occupied it illegally since they are neither bona fide nor lawful occupants,” reads part of the Suit.
“The persons against whom the Plaintiff filed the said suit, which is still pending hearing and disposal, sought the political intervention of the 2nd and 3rd Defendants and indeed the 2nd and 3rd Defendants, while well knowing that the matter was still pending in Court and therefore sub judice, convened a rally of all the residents of Budda on the 8th day of March, 2022 and at the said rally made very damning accusations against the Plaintiff and incited the said residents of Budda against the Plaintiff,” it adds.
According to the Suit, Nyenge and Kalema, while addressing the residents reportedly said that Dr. Ssenfuka has no rights over the contested land and incited the residents not to allow the Plaintiff step foot thereon.
“As a result of the incitement of and by the 2nd and 3rd Defendants of the residents of Budda against the Plaintiff, the Plaintiff for fear of his life cannot step foot on his land and more portions of his land are being taken by persons who are unknown to him,” it states
He in the Suit asked Court to declare that the trio violated the sub judice rule.
“A declaration that the utterances made by the Defendants against the Plaintiff were meant to and actually incited the people on his land against him and put his life at risk of harm and permanent injunction restraining the Defendants and their subordinates from commenting about the Plaintiff's suits against some people on his land in Budda,”
While hearing the Case today, Julius K Borole, the Masaka High Court registrar asked Dr. Senfuka to put in his final submissions on July 7, before the defendants file in the rejoinder on July 11 and rulling will be given on 17th of August 2022.
DR. DAVID SSENFUKA.
Speaking to this website [pressug.com] shortly after, Dr. David Ssenfuka said that the RDC and his colleagues have exceeded their limits and they are now miss-using their authority.
JUSTICE NEEDED IN THE CASE.
“We are all Ugandans needs equal Justice as well as equal treatment, RDCs should sensitize the people in a proper way other than rallying residents against land owners,” he Said Ssenfuka.
Leaders, [He] said are fueling, and wrangles, “because they come as mediators and instead take sides". We all know the roll of RDC unfortunately they always antagonizing the situations, the issue on the ground is to pay [BUSULU] as the law stated". If they failed then let them go".
“Land owners should be handled well, because we bought it. Whites didn’t give free land to people just see value in land and go buy it and that’s what should be considered not trading divisions as done by RDCs and some district leaders" adds Ssenfuka.
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