A landlord in Kampala has dragged Brig. Gen. Henry Isoke, IGP Abas Byakagaba, Deputy Inspector General of Police, James Ochaya, and 5 others other over contempt of court.
In a suit filed on Wednesday, Yusuf Ssemakula, wants respondents held in contempt of Court Orders/ Decree issued by this Honourable Court on the 17th day of July 2020 vide HCCS No.106 of 2011.
He also wants an order that the Respondents be punished for contempt of Court Orders/ Decree by jointly paying a Court fine of Ugx.1,000,000,000/= (Uganda Shillings One Billion only) to the Court, and an order that the Respondents jointly and severally pay to the Applicant a sum of Ugx.2,000,000,000/= (Uganda Shillings Two Billion only) as General/Exemplary and/or Punitive damages.
Details
The matter stems from land comprised in Plot 106 LRV 1837 Folio 11 Old Kira Road. Prior to the purchase of the aforesaid land by the Applicant, Court had issued an Order of Permanent Injunction in favour of one of the Applicant’s predecessors, a one Mutwalib Kabogozza against a one Lucy Mary Orech and all those that claim under her, restraining them from any further trespassing on the suit property vide HCCS No.106 of 2011 (Kabogozza Mutwalib versus Mary Lucy Orech). Mutwalib Kabogozza had also purchased the said land from one Ssemakula Sulait who had been declared the lawful owner of the said land by this honourable Court vide HCMC No.75 of 2009. Upon Court granting vacant possession of the said land and issuing a Permanent Injunction against the aforesaid Mary Lucy Orech, Mutwalib Kabogozza sold the said land to Mulondo Steven, who also sold it to one Seruwagi Salongo Israel, from whom the Applicant Purchased the same for value. Upon the purchase of the said land, the Applicant took physical and vacant possession of the same and is currently in the process of commencing the development of a commercial building thereon. The Uganda Police has since made several reports and directives confirming the Applicant’s ownership of the suit land and prohibiting any person from interfering with the Applicant’s possession thereof in the absence of any Court order to that effect.
Former owners of the prime piece of land have on several occasions commenced frivolous criminal cases of malicious damage on the suit land against the Applicant and his agents which have all been closed by the DPP on account of the Applicant’s undisputed ownership of the said land and this honourable Court’s Orders of Permanent Injunction against them.
In violation of the Court Order, the sons and daughters of the former owner have on several occasions been trespassing and/or interfering with the Applicant’s peaceful possession of the suit land with toto impunity.
Ssemakula says that Isoke, Byakagaba and Ochaya forcefully want to put the former owners of the property back in possession of the land in total disregard of the Court’s Order of the Permanent Injunction issued against them.
“The 1st, 2nd, 3rd, 4th and 5th Respondents’ actions of violating this honourable Court’s Order were done in their independent personal capacities and amount to abuse of their offices which they hold in trust of the general public,” says Ssemakula. “The actions of the 6th, 7th and 8th Respondents’ of continuing to trespass on the Applicant’s land amounts to contempt of this honourable Court’s Order of Permanent Injunction against Mary Lucy Orech (deceased) and all those claiming under her restraining them from any further trespass on the suit land.”
Ssemakula now wants Isoke, Byakagaba and Ochaya held accountable, on top of paying Shs 1bn and Shs 2 billion for contempt and general damages respectively.
By a letter dated 22nd December, the Honourable Minister of Internal Affairs questioned why police officers have neglected to comply with lawful orders and he therefore directed the Inspector General of Police to ensure non-interference of police on the said property and that all police officers involved act in their personal capacities and they should therefore be subjected to disciplinary action.
The public service has also been petitioned to avail the academic credentials of these officers to ensure they are surely learnt persons who are fit to hold public offices.
