Stay away from Katanga Land, court extends an injunction refraining Makerere University, KCCA from demolishing the property on the land
By Mukembo Wilfred The Civil Division of the High Court Civil Division in Kampala has extended orders refraining Makerere University authorities, Kampala Capital City Authority (KCCA) from its plans to demolish a church and other buildings on Katanga Valley land near Wandegeya.
In his ruling, Jameson Karemani the Deputy Registrar High Court Civil Division issued a temporary injunction restraining Makerere University, KCCA deputy Executive Director David Luyimbazi and KCCA Director physical planning from demolishing the said buildings until the main suit is determined by the Court.
“I do find that all the conditions for grant of a temporary injunction have been met and I allow the application with orders that;. An order of a temporary injunction is issued to restrain the respondents, their employees, subordinates, agents, successors in the office assigners or any other person acting in their stead or claiming under them from demolishing/removing the plaintiff's buildings, structures and or developments on the freehold register vol.59 Folio 21 Kyadondo at Katanga Valley and or furthering the process of demolition pending the final determination of their main suit" the registrar ruled.
City Pastor Daniel Walugembe of the Eternal Life Gospel Church petitioned Court that his church is under threat and other buildings belonging to 50000 bibanja holders in the area over KCCA and Makerere's intended actions to demolish them in the villages of Busia and Kimwanyi Zones in Katanga Valley.
In March 25 this year in the presence of Brian Rubaihayo the lawyer representing Pastor Daniel Walugembe as well as Ms Rita Mutuwa who represented KCCA and Eng Luyimbazi, Court issued a temporary injunction restraining the respondents from demolishing the said buildings which orders have been extended.
Walugembe is one of the 50,000 Kibanja holders who are embroiled in protracted legal battle with Makerere University over Katanga valley land.In 2015, the High Court before then Judge Alphose Owiny Dollo ruled that the Katanga Valley land was occupied by four family members and their licensees who are now bonafide occupants whose rights are well protected under the laws governing ownership of land.
The four family members are Jonathan Yosamu Masembe, Bulasio Buyisi, George Kalimu and Samalie Nambogga. They were battling with Makerere University and the Commissioner for Land registration over the cancellation of their Land titles and ownership of the land by Makerere University.
However, Makerere University has since appealed against the decision faulting the High Court in a matter pending hearing and determination before the Appeal Court.
Through his lawyers of Mwesigwa Rukutana and Advocates, Pastor Walugembe contends that KCCA and Eng Luyimbazi have on several occasions organized meetings and hatched out malicious and illegal plans on how to demolish his structures.
Court records show that on March 18 to 20, KCCA deployed its enforcement officers to survey the suit properties to come up with a plan on how to carry out the demolition which was slated for March 21 to 24.
“The structures and buildings that the respondents (KCCA) intend to demolish have been in existence since 1997 and I acquired them for value from my predecessors in title. The first respondent (KCCA) has for a long time been collecting property tax from me in respect to the suit buildings" Walugembe states in his affidavits.
He added that on August 12 last year, the vice chancellor of Makerere university, Prof Barnabas Nawangwe wrote a letter to Eng Luyimbazi falsely alleging that there was an ongoing illegal construction and that the same was copied to the Director in charge of Estates and Works at Makerere, Eng Christina Kakeeto.
He also states that Eng Kakeeto is the wife of Eng Luyimbazi. “Without issuing notices to me as required by law, the physical planning committee under the direct influence of the 2nd defendant (Luyimbazi) took a decision to demolish my property without according to me a right to be heard ” he complains.