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    Top Lawyer Supports High Court Judge Wamala On Katanga Land Dispute Over Powers Of State House Official…

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    L-R: State House's Sandra Ndyomugyenyi, Pastor Walugembe and former minister Hajji Nadduli

    A section of lawyers have backed court decision that a legal officer at State House is not vested with powers under any law to contradict and or review a court order.

    The lawyers say that the High Court rightly ruled that Sandra Ndyomugyenyi wrongly cleared a party, Dr Lule Ntwatwa, to take possession of law contrary to the earlier court orders.

    Brian Rubihayo said that Ndyomugyenyi, a legal officer attached to State House purportedly set a side and or defied court orders that ruled in favour of  Daniel Walugembe regarding ownership of the disputed Kibanja at Mulago Roundabout near Wandegeya.

    “Ms Ndyomugyenyi is faulted for making a decision against a court order. The powers of State House legal department is to advise on matters relating to State House but it has no powers to contradict court decisions or determine land ownership,” said Mr Rubihayo.

    According to Rubihayo, the report by the State House lawyer ordered the Resident City Commissioner (RCC) and the DPC of Wandegeya to evict Walugembe, a lawful Kibanja owner with various court orders and indeed he was evicted from part of his Kibanja.

    Addressing journalists in Kampala, Rubihayo dismissed media statements claiming that there are contradicting court decisions saying that in the first case; Albinos Asiimwe, a tenant on the Kibanja sued Ndyomugyenyi and his case was dismissed.

    “There was no court order in favour of Asiimwe but for Pr Walugembe, there are several orders in his favour and court based on the same orders to fault Ms Ndyomugyenyi for interfering with matters already decided by court. She is not in court and cannot act as such,” he said.

    Court records show that on June 13, 2023, Ndyomugyenyi authored a report in which she directed one Dr Lule Ntwatwa to be allowed to use his land without any disturbance from other parties that were claiming interest unless court pronounces itself otherwise.

    Justice Boniface Wamala quashed the order reasoning that  Ndyomugyenyi disguised the directive as a recommendation which was unlawful.

    “The directive allowing Ntwatwa Lule to use his land without any disturbance from other parties claiming interest unless court pronounces itself otherwise contradicts this express order of court and is outrightly illegal,” the judge ruled.

    Court records show that Ndyomugyenyi convened a meeting, investigated a dispute over land and came to her own conclusion that was different from the findings reached in earlier decisions by court.

    She later made a directive that was not based on any orders of court.

    Justice Wamala held that  Ndyomugyenyi thought that her directive carried the force of law and that it could only be varied if a party went to court which exposed her for not basing on court pronouncements over the same property.

    Records show that the high Court in two cases of 2000 and 2017 decreed that the Kibanja in dispute belongs to Walugembe.

    In 2019, the court dismissed with costs a case in which Dr Ntwatwa and 99 others had sought to challenge Walugembe’s interest in the said Kibanja which was never appealed.

    “The worst case scenario was in HC miscellaneous application number 1710 of 2021: Walugembe Daniel Vs Attorney General and 8 others, court issued an order of temporary injunction in favour of Walugmbe against the respondents restraining them from evicting or interfering with his utilization or development of the Kibanja,” the court observed.

    Meanwhile Presidential advisor, Hajj Abdul Nadduli has asked the Attorney General to discipline State House lawyer Ndyomugyenyi for misdirecting herself on Katanga land dispute.

    In an August 19 letter to the office of the Attorney General, Hajj Nadduli accused Ms Ndyomugyenyi of writing a report quashing a decision of court regarding ownership of the land thereby depriving interest to Daniel Walugembe, a bonafide occupant.

    “Even after giving a ruling on her actions, the same lady (Ndyomugyenyi) disrespected court when she came out and said she will continue to do as she has been doing because she does not agree with the court ruling,” Hajji Nadduli wrote citing a media report.

    He added: “Since your office is the legal advisor of all government agencies, I request you to intervene in this matter and have the said officer disciplined.”

     

    By Grapevine Reporter

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    Top City Tycoons, UETCL Bosses In Trouble Over Shs28.8bn Illegal Compensation Deal…

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    UETCL CEO Joshua Karamagi (C) and his deputy Eng. Richard Matsiko (R) whose staff are under investigation from IGG Betty Kamya (bottom L) following Minister Mayanja's report (top L)

    The Inspector General of Government (IGG) Beti Namisango Kamya has kicked off investigation into allegation that top city tycoons connived with Uganda Electricity Transmission Company Limited (UETCL) to benefit from Shs28.8bn illegal compensation from President Yoweri Kaguta Museveni’s government.

    The development resulted from a requested letter from Dr Sam Mayanja the State Minister for Lands in the Ministry of Lands Housing and Urban Development claiming that the land where government compensated the tycoons is public land hence they fraudulently obtained the land titles they used to secure the deal.

    Mayanja revealed to the IGG that he has done preliminary investigation into the allegations and establish that the tycoons secured the land titles registered on: LRV 4143 Folio 2 Plot 14, LRV 4143 Folio 3 Plot 16, KCCA 3741, Folio 19 Plot 12A, LRV 4144 Folio 7 Plot 28-40,  LRV 4139 Folio 13, Plot 8, LRV 4130 Folio 14, Plot 41, Volume KCCA 232 Folio 21, Plot 1-4. 5-7, and 8-11 and LRV 4149 Folio 15 Plots 18-26 and 10-12 fraudulently after learning that the government was going to pass the Namanve-Luzira 132 KV transmission through that land.

    Mayanja further claim that the accused tycoons include: Flavia Muntuyera, Asuman Irunga, Delmas Apartments Limited, Prestigious Apartments Limited, Aisha Mulungi, Irene Kwera and to his surprise, Muntuyera and Irunga had been listed twice which means they had benefited twice.

    Mayanja also revealed that he has established that the said tycoons didn’t pay stamp duty when the land titles were made in their respective names.

    In the letter to the IGG, Mayanja said that he has instructed the Commissioner Land Registration to put a caveat on the said land titles in question until the investigations are complete.

    He pleaded with her to also take legal action against all the culprits for causing financial loss to the government.

    However, theGrapevine established that the multibillion transaction resulted from a court suit where the tycoons sued the Attorney General Kiryowa Kiwanuka, UETCL which was represented by K&K Advocates, a law firm where Kiwanuka is a founding partner and the Commissioner Land Registration and all parties entered a settlement to resolve the matter out of court.

    It was agreed that all the plaintiffs agreed to be compensated with Shs28.852bn being full and final settlement on all the claims they had on the land and highly placed sources in the Ministry of Lands confirmed to theGrapevine that the said amount of money was paid to the beneficiaries.

    However, in September 2023, Attorney General Kiwanuka wrote a legal opinion advising that the government should not compensate any land title in a wetland and his advice was directly going to the people who claim that they were affected during the construction of the electricity transmission line along Namanve-Luzira.

    “Section 44 of the Land Act guides us on how we should deal with this land and provides for the control of the environmentally sensitive areas. Therefore, we are of the considered opinion that titles issued in wetlands, including those in lakes after the Land Act Cap 227, are contrary to the law and illegal,” the Attorney General stated.

    theGrapevine has established that the Commission of Inquiry into land matters, Justice Catherine Bamugemereire who was the chairperson of the commission recommended that people who obtained private land titles in Namanve and Luzira wetlands including those in the lake should not be compensated by the government.

     

    By Sengooba Alirabaki

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    Chinese Company Directed To Destroy Plastic Products For Infringing On Ugandan Businessman’s Product Design…

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    Some of the products made by Victoria Nile Plastics

    Patricia Kahigi Asiimwe a judge at the High Court Commercial Division directed Li Yao a Chinese company operating in Uganda to destroy all the plastic properties in its stores within 14 days from 2nd September 2024 the date the judgment was issued for infringing on Victoria Nile Plastics Limited design.

    The judge further issued a permanent injunction restraining the Chinese company from reproducing, offering for sale and selling, and stocking for the purposes of offering for sale plastic basins with a design that resembles that of Victoria Nile Plastics Limited

    Court awarded the Ugandan Company Shs20m in General Damages which will accumulate interest of 18% annually from the date the judgment was delivered.

    According to the testimony of Simon Musoke the proprietor of the Ugandan company, he told court that in 2018, he registered the industrial design of his company at Uganda Registration Service Bureau (URSB) and secured a certificate which was under registration number No: UG/D/2018/000028.

    He even published it in the Uganda gazette.

    He testified to the court that their approved industrial design included the shape of the basin, 3 circular rings underneath the base of the basin with multiple lines running from the centre ring to the edge of the basin.

    It also has multiple horizontal lines running along the sides of the basin and rectangular shaped handlers which is the same design which the Chinese company put on its products that are currently on the market and were brought to court as evidence.

    According to court records, the Chinese company did not defend itself which compelled the judge to determine the matter based on evidence from one side.

    The judge confirmed that there was overwhelming evidence to prove that the Chinese infringed on the Ugandan company’s copyright which should be punishable in law.

    The judge cited evidence collected from the public from people who confirmed that they receive the said products from the Chinese company.

     

    By Grapevine Reporter

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    Speaker Among Asked To Save Former IGP’s Grave And Land From Being Grabbed By Ukrainian Investor, Top Gov’t Officials…

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    L-R: The troublesome Ukrainian investor Maxim Shevchuk, Nancy Oryema and Speaker Anita Among

    The family of the first black Inspector General of Police(IGP) Lt Col Wilson Erinayo Oryema has pleaded with Annet Anita Among the Speaker of Parliament to use the ongoing parliamentary sitting in Northern Uganda to intervene and save the Estate of the deceased which is being fraudulently grabbed.

    Led by Nancy Oryema, the granddaughter to the deceased, the fallen IGP’s family said that they have filed several complaints to police against the land grabbers including Ukrainian investor Maxim Shevchuk but nothing is being done.

    “We petitioned the Office of the current IGP Abas Byakagaba for help because the tractors which were sent by Shevchuk to destroy our food destroyed the house we built on the land and almost demolished his grave,” Nancy said.

    DJ Ochii the Assistant Resident District Commissioner Nwoya district where Lt Col Oryema was buried confirmed to theGrapevine that the family has filed a complaint with police against Shevchuk and he was summoned to record a statement over the allegations against him.

    He explained that Shevchuk is accused of destroying with impunity the crops of the complainants using tractors which the complainants claim were from the Ministry of Agriculture, Animal Industry and Fisheries.

    He confirmed that the district security committee sat at Purongo, Kilak County where the contested land is located to verify and examine the crops destroyed and damage caused.

    However, the family claims that the Ukrainian investor is being supported by top government officials from Acholi who have interest in the land and it is the reason why he is using armed men in UPDF uniform and Uganda police to torture them with impunity.

    The family also claims that local leaders told them that they will not win against the investor because he is supported by government who want him to use their land to grow food which is going to be taken to his home country to feed the troubled people who have be ravaged by the war with Russia.

    The family insists that some top government leaders from Acholi are fronting a one Beatrice Oryema who is not known by the family to harass them and fuel their illegal eviction.

    Nancy claims that her workers on the farm are receiving threatening messages of being kidnapped or killed and they have filed a number of complaints to police but they haven’t yet received any help.

    She wants the Speaker to force police leadership to explain who authorized the deployment of Cp Onagi and PC Onenchan on their land because they are commanding the force that the investor is using to destroy their crops and properties.

    theGrapevine has established that the grave of the former IGP is being protected by tourists police commandos deployed by former IGP Gen Edward Kale Kayihura.

    Nancy narrated how they exchange bullets with the investor’s armed men who wanted to exhume the remains of their grandfather.

    Nancy said that over 50 acres of soya beans, g-nuts and maize were destroyed by the investor.

    She adds that if it was not for the double standards of the leaders in the area, they would have got justice because they have everything including documents which were left behind by their grandfather.

    She re-counts how police have been arresting her workers on the farm but have failed to arrest Beatrice, the investor and their henchmen who are encroaching on their land comprising LRV 778, Folio 23 land at Purongo, Kilak County, Acholi, currently Nwoya district.

    She pleaded with the speaker that since she met Gen Salim Saleh the head of Operation Wealth Creation this week, she should also visit their farmland to examine who lost their crops which were given to them by Gen Saleh to fight poverty in Acholi.

    Nancy added that the Ukranian investor has also destroyed the farms of other investors from the United Kingdom and their complaints are not being attended to by police.

    She further explains that other properties of her grandfather in other parts of the country including those in Kampala city, Gulu city have been also grabbed by big wings from Acholi who are using private guards from PSG private security in Gulu to deny them access to their properties.

    Land is a security issue in Acholi and top government officials especially army generals, judges, ministers have been abusing their powers and fraudulently evicting locals from the land.

     

    By Sengooba Alirabaki

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