Africa-Press – Uganda. City businessman, Mr Godfrey Kirumira, was a no-show during the crucial assessment of the disputed land at Namanve Industrial Park, this publication has learnt.
Mr Kirumira’s presence was expected to help ascertain claims of ownership of the land at Katikolo, Kyaggwe Block 113 Plot 393 and 392, which he is battling over with Liberty ICD Limited.
Neither was his known lawyers; Mr Francis Ssebowa and Mr Vennie Murangira Kasande, present at the venue.
Mr Andrew Muyonga Mubiru, who petitioned Mukono High Court, seeking cancellation of certificate of titles for 13 investors in Namanve, contending that he is enforcing his right to a clean and healthy environment and preservation of natural resources, was also absent.
However, High Court Judge David Matovu, who is handling the matter was present.
Mr Mubiru says he did not appear for the locus visit because it’s NFA land.
Mubiru sued the investors together with National Forestry Authority (NFA) and the Attorney General.
In September, this year, Kirumira’s lawyer Ssebowa protested when Justice Matovu ruled that he would visit the contested land together with the said owners to determine who the real owner is.
“Unfortunately, the complainants disregarded the judge’s order to appear at the locus”, the lawyer representing Kanji Lalji Hirani, Benon Wagaza said.
Hirani is among the 13 investors sued by Mubiru.
Mr Kirumira told in an interview on Monday that he didn’t turn up for the visit because Justice David Batema who was the first to handle the matter had already visited the site.
“I have written to the court and stated why I did not show up for the locus visit,” he said.
Background
Court documents indicate that Kirumira signed the kibanja agreement with Yokana Galikwoleka Mukasa in October 2017.
However, local authorities, say Mukasa was a shamba boy who died in July 1996.
Liberty ICD boss Minaz Karmali contends that there is no history of ownership of Kibanja, payment of Busuulu tickets, boundary and signature from LCs.
This prompted him to conclude that the transaction was tainted with fraud and forgery and invited the court to dismiss the case with costs.
In May 2022, Police in Mukono summoned Mubiru together with Kirumira for allegedly forging the kibanja sales agreement for a 45-acre piece of land in Namanve.
Following the investigations, Kirumira through his lawyers Murangira Kasande and Company Advocates, complained to the Director of Public Prosecutions, Jane Frances Abodo, claiming that the Police probe report was malicious.
Mr Andrew Odiit, the Senior Assistant Director of Public Prosecutions, had Okayed Kirumira’s prosecution over forgery and criminal trespass.
In a letter dated September 18, 2023, Kirumira asked the DPP to recall the letter.
The DPP spokesperson, Jacquelyn Okui confirmed that the letter is with the DPP for consideration.
In September, this year, Justice Matovu dismissed Kirumira lawyer’s bid to cross-examine a state attorney saying it (bid) lacked merit.
The state attorney, Mr Ambrose Ocol swore an affidavit defending police officers’ actions of surveying the disputed land. He submitted that the cops were doing their work under the law.
Kirumira sued four police officers, accusing them of defying a court order when they surveyed the disputed land in Namanve to assess the validity of a kibanja mentioned in plot 392.
Police established that Kyaggwe Block 113 plot 392 land at Katikolo, was non-existent.
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