The Independent Uganda: You get the Truth we Pay the Price
Luweero, Uganda | THE INDEPENDENT | The Luweero Chief Magistrate is stuck with 30 land cases after he failed to visit disputed land sites.
In 2007, the Chief Justice issued practice notice directing that before land cases are disposed of, magistrates and judges must visit the land to undertake an in-depth investigation.
While there the magistrate or judges are supposed to observe, view, record opinions and cross-examine parties on the disputed land.
But the Luweero Chief Magistrate Samuel Munobe has failed to visit disputed pieces of land in 30 cases citing lack of transport and other resources leaving litigants stuck. The cases have dragged on for many years.
Munobe says hat in past year he made locus visits in eight cases and failed to make it in other 30 cases over lack of transport.
He notes that the court needs a vehicle to enable him transport guards and facilitate them to offer security at meetings which are not available.
Munobe explains that during District Chain Link Committee meeting, there were demands by litigants that they facilitate the visits but this was rejected on grounds that it may be abused.
He says that the litigants should wait until the Judiciary provides them with necessary logistics to ensure he carries out the visit as the guidelines stipulates and later make rulings.
This is likely to worsen case backlog at Luweero Chief Magistrate court as more land cases are filled each day.
By Wednesday 15th January, there were 385 land cases out of 1,040 cases filled at Luweero Chief Magistrate court. Many of those are still new and the magistrates will need to visit locus in the future.
Phoebe Namulindwa the Luweero Resident District Commissioner asked the Chief Magistrate to work with other government institutions to ensure the challenge of transport is addressed.
Namulindwa warns that the public may lose trust in the judiciary and government if the justice is delayed over logistical challenges.
Several residents are crying foul over delayed determination of the cases.
Edirisa Ssempaka and his sister Mariam Night Nansubuga, both residents of Luzzi Zone in Wobulenzi town council are facing charge of trespassing on a 13-acre piece of land they inherited from their father.
The case has been in court since 2017 and so far they have made over 30 court appearances without determination of the case.
Ssempaka says that he has run out of money to come to court daily and wants the government to facilitate the magistrates to determine cases faster.
Another affected victim John Ssempijja says that such delays had forced some people to bribe magistrates to either visit locus or make judgement without visiting them something that may lead to conflicts in communities.
The Judiciary senior communications officer Solomon Muyita couldn’t pick nor return to comment on the story.
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