Judge accused of holding onto land case

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Judge accused of holding onto land case
Judge accused of holding onto land case

Africa-Press – Uganda. Justice David Batema of Iganga High Court has been accused by a litigant of insisting to continue hearing a case despite his transfer to a different duty station.

Justice Batema is accused of insisting to hear the case involving Katongole Group Ltd Vs Modern Agri Ifra Ltd, which was before Mukono High Court yet he has since been transferred to Iganga High Court.

To that effect, one of the parties (Modern Afri Ifra Ltd) has petitioned Principal Judge, Dr Flavian Zeija, to prevail over Justice Batema. They wonder why the judge would insist on hearing a case that is still in infant stages.

“Justice Batema was transferred but he is still insisting that he is the only judge to hear the case,” reads in part the letter written to the Principal Judge dated September 21.

The letter further reads: “Mr Principal Judge, why would you allow a transferred judge to insist on hearing a case. We request that the file is put before another judge.”

When contacted yesterday, Justice Batema explained that he is not interested in hearing the matter and that a new judge will continue with it.

“Nothing will be added to my CV even if I insist on hearing it. I have even handed over the file,” Justice Batema said by telephone.

“I wanted to stamp down the powers of court that a judge shouldn’t leave the case because someone has raised a stupid complaint but because he/she is on transfer,” the judge added.

‘Strong stand’

Justice Batema also explained that he had to take a strong stand to have the facts of this case framed and have the matter ready for hearing after a long period of being on preliminary stages, legally known as scheduling.

“Whether I was to be transferred or not, I had wanted the issues framed and have the matter heard because litigation should come to an end. I am not bothered as I have worked throughout the country in bad and good courts. They can even petition the Pope,” he said.

The Principal Judge did not pick our repeated phone calls and had not returned them by press time.

But a stamp on the complaint letter shows that the Principal Judge’s chambers received the letter on the same day of September 21.

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