Principal Judge Dr. Flavian Zeija has come under scrutiny following allegations of misconduct in his handling of a high-profile land dispute. A litigant, Dr. Medard Kiconco, has formally written to Chief Justice Alfonse Owiny-Dollo, raising concerns over Zeija’s actions, which he claims cast doubt on the judge’s impartiality.
In a letter dated May 13, 2024, Kiconco detailed grievances regarding Zeija’s management of a case involving a 130-acre piece of land in Ssisa, Wakiso district. The dispute centers around whether the land, claimed by the descendants of Festo Banja, is mailo or freehold tenure. The plaintiffs allege the land was illegally acquired by a company, Ladha Kassam, which has since sold portions of it to third parties.
Kiconco alleges that Zeija intervened mid-hearing, withdrawing the case from the High Court Land Division to handle it himself. During the proceedings, the plaintiffs applied for an interim order to halt the sale of the land, but Zeija declined, reportedly reasoning that any subsequent ruling in favor of the plaintiffs would invalidate the sales.
“Zeija effectively allowed the defendants to continue selling the land while the case was ongoing,” Kiconco’s letter stated, adding that this decision was perceived as being in bad faith.
Disputed Actions
The letter further alleges that Zeija declined to issue an injunction to stop developments on the disputed land, even after observing construction and sale activities during a locus visit. It also claims Zeija introduced evidence on behalf of the defendants, including documents from the Administrator General, which were not originally tendered in court.
Kiconco noted that when the plaintiffs’ counsel sought to cross-examine the Administrator General on the provided documents, Zeija refused, saying the official was “not cross-examinable.”
“These actions demonstrate gross misconduct,” Kiconco wrote, urging the Chief Justice to intervene to prevent further damage to public trust in the judiciary.
Controversial Judgment
In a judgment delivered on July 5, 2024, Zeija ruled in favor of Ladha Kassam, declaring that the land had been lawfully converted from mailo to freehold tenure. He dismissed the plaintiffs’ claims, stating there was no evidence to support their allegations of fraud.
Zeija’s ruling also called for a criminal investigation into Kiconco and the administrators of Banja’s estate for allegedly acquiring an original land title unlawfully. He confiscated the title and directed it to be returned to the registrar of titles.
Additionally, Zeija ordered Kiconco to cover the costs of the suit if he failed to disclose the identities of the plaintiffs, citing the legal principle that an agent is personally liable when acting for undisclosed principals.
Growing Criticism
Efforts to reach Zeija for comment were unsuccessful. Kiconco confirmed writing the letter to the Chief Justice but declined to comment further. Critics argue this is not the first time Zeija’s judicial conduct has come under question, with concerns mounting over his assertive approach in managing cases.
The controversy highlights broader concerns about judicial independence and accountability, with observers calling for a thorough review of the case. Additional reporting by the observer uganda.
