Court summons Attorney General over trespass on businessman’s land

Kampala, Uganda | THE INDEPENDENT | The Land Division of the High Court has summoned the Attorney General to file a defense in the case in which businessman Frank Matovu Ssenkwajju is accusing the Uganda People’s Defense Forces of trespass.

The summons that were issued by the Land Division Registrar Janeva Natukunda require the Attorney General to file government’s defense in the case filed by Matovu on April 11, 2022.

According to Matovu, he owns a piece of land located in Kitala Wakiso district which he purchased in 2018 from Christopher Musisi, Diana Birungi, and Bernard Kiwanuka. He adds that he transferred the land into his name in 2022.

He says that on March 9, 2022, UPDF soldiers trespassed on the land without his knowledge, consent, or approval and fenced off part of his land.

The evidence before the court shows that the army has since then denied Matovu access to the land and that all attempts by him to remove them have been futile.

“The plaintiff will contend and aver that the UPDF soldiers who are agents of the defendant have no color of right over the land in dispute and that they are trespassers on the suit land “, reads the suit in part.

Matovu also states that the actions by the UPDF to erect a fence on his land, conniving with the area local authorities to deny him access to it, and arresting and detaining his employees amount to fraud.

Matovu through his lawyers Sanywa, Wabwire, and Company Advocates, wants the High Court to declare the UPDF soldiers as trespassers on the land.

He also wants the court to order the army to vacate the land and issue a permanent injunction restraining the government and its agents, and employees from trespassing on his land and also be compensated for the damages caused to him at a commercial interest rate of 20 percent.

This is not the first time that the UPDF is being accused of trespass.

In the past years, the army has been accused of forcefully trespassing into people’s land in Kiryandongt Awere sub-county in Pader district and cutting down their trees, collecting firewood and logs without their consent.

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