BY JOACKIM KULE
Six hundred households from Karujumba Rwentutu village of Kitabu sub-county in Kasese district risk to be evicted from a 100 – acre piece of land.
Their eviction follows a court ruling indicating that the land on which they are living does not belong to them.
The said land has been in conflict between Mr. Ezron Sajjabi Muhirwa and Gregory Baluku.
But a court judgment delivered at Kasese Chief Magistrate’s Court, a certified copy dated 19/06/2023 and signed by one Moses Katorogo, the Chief Magistrate indicates that he turns to issue two where the defendant is a trespasser on the suit land, adding that every entry on the land without the consent of the owner amounts to trespass.
According to the judgment, the respondent (Gregory Baluku) forced himself on the suit land in 2001. He did not have consent of the owner thereof.
The judgment therefore declares Baluku as a trespasser as well as all the people he agrees to have brought on the suit land thereafter.
The Chief Magistrate declared that the disputed land validly and legally belongs to Sajjabi Muhirwa as the registered proprietor.
He also noted that the he would grant the plaintiff an eviction order against the respondent/defendant, his agents and or servants from the disputed land.
He also stressed that he would grant a permanent injunction against the respondent, his agents or servants and or all those deriving title under him from further trespassing on the suit land.
The same judgment indicated that court would also grant the plaintiff damages in paragraph 7 of the plaintiff to a tune of shillings 20,000,000 and as for mesne profits to his view a farmer can get from an acre of land is a minimum of shillings 100,000 per year to this suit land equivalent to 100 acre.
Now, yesterday afternoon, the Kasese District Security Committee led by the RDC, Lt. Joe Walusimbi and his Deputy in charge of Bukonzo County, Lt. Maate Magwara held a consultative meeting with the affected persons at Kighenge Trading Center where they interpreted the judgment.
Lt. Magwara told the meeting that on 5 September this year, Mr. Jimmy Shunu Chepkurui on behalf of the Inspector General of Police wrote to the Rwenzori East Regional Police Commander directing him to verify the authenticity of the decree and warrant from the issuing court and to bring the contents of the warrant to the attention of the District Security Committee as guided by the constitutional practice (Land eviction) directives on eviction 2021.
Magwara noted that the relevant police officers responded having verified the warrant and submitted it to the security for consideration.
In his remarks, the Kasese RDC, Lt Walusimbi told the affected persons to remain peaceful and discouraged them from collecting any money to give to the lawyers that they think might help them.
However, the Kighenge Local Council Chairperson, Mr. Wilson Wele said that they were still making steps in court to challenge the eviction order, arguing that they were not satisfied by the judgment since the land was theirs.
ENDS