Africa-Press – Uganda. Mukono Magistrates Court has halted proceedings into a criminal case against former area land committee board chairperson Jackson Twinamatsiko, pending a high court civil suit.
Twinamasiko is charged with criminal tresspass, malicious damage and boundary removal on a piece of land at Mbeya Island in Mukono District’s Mpunge sub county.
He is accused of hiring goons who allegedly cut down trees and demolished a house belonging to Maj Mark Wanyama’s house on March 16, 2023.
On Monday, presiding Chief Magistrate Roselyn Nsenge told court that she desired to avoid having conflicts in judgment considering that both parties have cases in the High Court.
“The case at the High Court has a bearing in the criminal trial,” the Chief magistrate told court as she urged having the case handled by what she described as “a competent court.”
On September 28, prosecution led by Collin Ouma told court that Criminal and civil matters can proceed concurrently after Twinamatsiko, through his lawyer Stephen Turyatunga, applied to court to halt criminal proceedings until the civil case in which he is battling with Maj Wanyama over ownership of land is determined.
Prosecution also told court that there is no need to determine the land owner in the matter since the complainant (Wanyama) is in possession of the land.
Maj Wanyama’s legal officer Jabaru Luyima from Mwesigwa Rukutana and Company Advocates, said that his client bought the 25 acre land from Francis Tyaba in 2019- and has all documents to prove ownership of the contested land.
“We are dissatisfied with the chief Magistrates ruling and we shall definitely appeal. What surprises us is the way people are abusing the process of court, Twinamatsiko is a land grabber and he must stop this impunity,” he said.
But Twinamasiko’s lawyer Turyatunga claims his client was the first to buy the land from Francis Tyaba.
Sanctioned files
Early this year, the Office of the Director of Public Prosecutions (ODPP) sanctioned files where Twinamatsiko is accused of “trespassing on 25 acres of land belonging to Maj Wanyama.”
However, the ODPP recalled the file after Twinamatsiko sought review of the cases filed against him.
After reviewing the four cases files against Twinamatsiko, DPP Jane Frances Abodo approved the prosecution of the former Mukono District land board boss through a July 10 letter.
According to the sanctioned files, “Twinamatsiko on June 9, 2021, on Mbeya Islands in Mpunge subcounty, Mukono District, willfully and unlawfully damaged eucalyptus trees, the property of Wanyama.”
The charges were sanctioned following a statutory declaration by Joyce Lutaya, the appointed attorney of Tyaba, the owner of the land.
In the declaration sworn before commissioner of oaths Peter Mulanghi on December 22, 2022, Lutaya said she sold the land in question to Wanyama, and not Twinamatsiko.
However, Twinamatsiko insisted he paid Shs70million for purchase of the land.
Although the contested land measures 25 acres, Twinamatsiko said the sh70m was payment for 7 acres. Meantime, he acknowledged that Lutaya refunded the sh70m.
Asked why he was claiming the land yet his money was refunded, Twinamatsiko said “it was unfair for the vendor to sell the land to another person after he committed to buy it.
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