Lusanja evictions were illegal-Attorney General

Kampala, Uganda | THE INDEPENDENT | The evictions that saw hundreds of families lose their property on a 75-acre piece of land in Lusanja village in Kasangati Town Council in Wakiso district were illegal, parliament heard on Tuesday.

In his statement to parliament, the Attorney General William Byaruhanga, said that the affected people were unlawfully pushed off their land since the eviction order was for Mpererwe, Sekanyonyi Zone and not Lusanja.

He said the Judicial Service Commission (JSC) has started investigating the Nabweru Chief Magistrate, Rebecca Ester Nasambu and Registrar, Baker Rwatooro who issued the eviction order.

He said the JSC has already charged the duo with conduct prejudicial to the good image of service contrary to regulation 23 (a) of the Judicial Service Commission Regulations 2005.

The other charges are producing substandard work under regulation 23(f) of the Judicial Service Commission Regulations 2005 and unsatisfactory performance of duty under section F-s No.2 (q) of the public service standing orders 2010.

Events Leading to the Eviction

According to his statement, Medard Kiconco filed a civil suit before the Nabweru Chief Magistrate Court under Land Civil Case No. 7 of 2017 against Opendo Patrick and 16 others, which was handled by Nasambu.

In the suit, Kiconco sought orders for abetment of a nuisance, demolition, delivery of vacant possession, pennanent Injunction and award of damages plus costs of the suit against the defendants.

“The matter proceeded exparte (without the defendants filing a defense). On 3rd October 2017, Her worship Nasambu delivered Judgment with orders declaring the defendants as trespassers, a pennanent injunction against the defendants, demolition of structures and general damages of Shillings 20,000,000 plus costs of the case,” reads part of the Attorney General’s statement.

The file was then forwarded to the Execution Division of High Court on October 24th 2017 and another file was opened on November 7th. A notice to show cause allegedly served and witnessed by one Henry Sejjeba, the Local Council I Chairman of Mpererwe, Sekanyonyi Zone was issued for the defendants to appear on November 15th 2017.

Byaruhanga says that a miscellaneous application by the defendants filed in December, 2017 at Nabweru Chief Magistrate seeking for orders that the Exparte Judgment by Nasambu be set aside was dismissed on July 2nd 2018 under Order 9 Rule 22 of the Civil Procedure Rules for failure to prosecute it for a long time.

Another miscellaneous application filed by the defendants for interim stay of execution was heard by the Deputy Registrar on December 19th 2017 and allowed on condition that the applicants deposited security for costs of Shilling 20 million and subsequently.

The High Court Execution Division dismissed the application on December 19th 2017 on grounds that the same had been overtaken by events.

“After dismissing the application to set aside the Exparte Judgment on 2nd July 2018, the High Court Execution Division proceeded with the execution process and on 23rd August 2018, His worship Rwatooro Baker, Deputy Registrar issued a warrant to Kirunda Moses T/A Spear Link Auctioneers &Court Bailiff,” reported Byaruhanga.

The Bailiff on October12th 2018 went ahead to execute the court order by giving vacant possession of land comprised in Kyadondo Block 206, Plot 671, abatement of the nuisance and demolition of the defendants illegal structures.

Findings by the Attorney General

Byaruhanga says Nasambu lacked jurisdiction to handle the matter and that she handled the suit until the end without visiting the contested land.

“There was no proper service of summons against the defendants among others and there was no merit in her explanation other than asking for forgiveness and pardon, there by forwarding her case to Judicial Service Commission for disciplinary action,” said Byaruhanga.

He further said that Rwatooro failed to exercise due diligence as required by rule 6 of the practice Direction No. 1 of 2007 in respect to issuing orders relating to land, which affect or impact on the tenants by occupancy.

“There was no merit in his explanation where he only insisted that the notice to show cause was served on the defendants, there by forwarding his case to Judicial Service Commission for disciplinary action,” further said Byaruhanga.

The Attorney General also said that the Judiciary was still investigating the court bailiff, Moses Kirunda, saying a case is before the Land Division of High Court.

However, the Speaker of Parliament, Rebecca Kadaga tasked Byaruhanga to explain why he has not taken action against Kirundas who acted illegally.

Byaruhanga asked for one week to report back to parliament about government’s decision against the court bailiff and police officers who executed the eviction.

Lgislators led by their Kyadondo East counterpart, Robert Kyagulanyi demanded that since the people were evicted illegally there is need for just action from government including compensation and reinstating their homes since many of are living in very conditions.

Kadaga instructed MPs to draft a motion on how the evicted families should be compensated by government.

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