The Independent Uganda: You get the Truth we Pay the Price
Mukono, Uganda | THE INDEPENDENT | Police in Mukono have bowed to pressure and accepted to implement a court order issued two years ago restraining possession of a contested plot of land at Mbeya Isand in Mpunge Sub County in Mukono District.
The contested seven-acre plot of land was bought by Mukono businessman, Jackson Twinamasiko from Francis Tyaba, through Joyce Lutaaya, who was entrusted with powers of attorney. Tyaba resides in the USA. According to the documents Twinamasiko bought the land on November 6, 2019, for 70 million Shillings.
However, Lutaaya reportedly changed her mind about selling the land to Twinamasiko. On November 26, 2019, Twinamasiko dragged Tyaba and Lutaaya to court challenging the turn of events.
Twinamasiko later secured an interim order restraining Tyaba, Lutaaya, their servants, agents, employees, or anybody claiming under his/their title from selling, alienating, transferring, subdividing, or in any other way interfering with the contested land until the hearing and final determination of the main suit.
In the midst of all this, Lutaaya afterward sold the same seven acres to Major Mark Wanyama on December 19, 2019, and Wanyama applied for the land title that he got in January 2020, but it was later canceled by the lands office Mukono on orders of the court.
However, the Mukono Police Division Commander, Edirisa Kyeyune declined to implement the court order claiming it was not authentic.
Twinamasiko through his lawyers of Leadman Advocates petitioned various offices seeking its implementation. On October 21, 2022, the Office of the Inspector General of Police cleared the injunction and instructed the Kampala Metropolitan Commander to ensure that Mukono Division implements the order.
“I have been guided to forward the same to you with the guidance that in the absence of any other court order from the same or a higher court to the contrary and upon verification of its authenticity, you allow the area police being Mukono to bring the contents of the order to the attention of the parties and require their compliance.” Chepkurul Shunu Jimmy on behalf of the IGP instructed.
The district security committee headed by the Resident District Commissioner, Fatumah Ndisaba reviewed and guided the police commander to implement, but in vain.
On 25 November 2022, the Office of the IGP made a reminder with an interpretation of the injunction indicating that it is only in respect of the seven acres of land that is being contested.
On December 22, 2023, the DPC wrote to the Mukono High Court to prove the authenticity of the injunction, and the Assistant Registrar, Umar Nasif Mubiru confirmed that it was authentic.
“The purpose of this letter, therefore, is to confirm to you that the rectified Court Order dated 3rd December 2021 granted by this Honourable Court is authentic,” Mubiru wrote.
On Friday, the Mukono DPC Edirisa Kyeyune instructed Mukono Division Crime Investigations Officer, Ali Katende to escort the Katosi Police Station Officer in Charge, Peter Muhiire to implement the injunction.
The injunction was read in the absence of the Lutaaya but in the presence of residents and local leaders.
Eldad Bashaija, the LCI chairperson, said that the latest development will restore sanity in the area.
In October, Twinamasiko was arrested and charged with trespassing on the contested land. However, the Mukono Chief Magistrate’s Court dismissed the charges that had been filed by Major Wanyama.
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