BY JOACKIM KULE MUHESI
The Kasese Grade I Magistrate’s Court has ordered Kisinga Seventh Day Adventist (SDA) Primary School in Kisinga Town Council to pay shillings 3 million to Mr. Ernest Baluku for using and falsely claiming ownership of his land.
Baluku was accusing the school and the registered trustees of the Seventh Day Adventist Church for allegedly using his two pieces of land for the establishment of a school and a playground without pay.
Court presided over by His Worship Faishal Mbale Ngamije today morning heard that the two pieces of land including one on which the school is built and another one for the playground were obtained from the complainant in different ways.
His Worship Ngamije observed that the court’s findings indicated that Baluku offered the first piece of land to the Seventh Day Adventist Church to establish a school without any official agreement and thereafter the institution secured a lease and land title.
He ruled that the first piece of land couldn’t be claimed because it had already been titled and the school had also been taken up by government.
For the second piece of land, the Magistrate accused the leadership of the school for forging land agreements claiming that they had bought it from another person in the name of Fripina in 1983 to establish a playground and yet the school was started in 1986.
His Worship Ngamije explained that when he went through the documents and arguments from all the involved parties, he found out that the school was using the complainant’s land for many years and went ahead to cause his arrest when he was blameless.
The court ruled that the school with support from the Seventh Day Adventist Church should pay shillings 3 million for arresting Baluku when he had rights over the land.
He put it clear that the school should not compensate the complainant for the cost incurred saying it cannot afford it.
He, however, said there was room for both parties to appeal if they have not been satisfied by the judgment handed to them.