Lawyers have protested the move by the Attorney General to defend two senior police bosses who were accused of defying court orders in regard to aiding land grabbing of a city prime land.
The lawyers of R.Mackay Advocates have told the High Court Assistant Registrar Samuel Moses Kagoda that it is not proper for the office of the Attorney General to represent the two senior police officers who were sued in their personal capacities.
The protest came after State Attorney Shiva Grace Namara from the Attorney General’s Chambers appeared in Court to defend the Commissioner of Police James Kusemerewa in charge of the Land Protection Unit and Kira Road Police Station Division Police Commander, Superintendent of Police Sam Suubi.
Court records show that the duo filed their defence in the contempt of court proceedings through the Attorney General’s office in which they denied any wrongdoing.
In a sworn statement, Kusemererwa admitted that in performance of his mandate, he intervened in the land dispute involving Hardware World Uganda Limited the occupant of the land in Ntinda, Nakawa Division and a one Turyagenda Imran a claimant.
He states that having done due diligence, on June 8,2026 the territorial police witnessed the relocation of property belonging to Hardware World Uganda Limited from plots 4991 and 4993 to their land at Plot 4992 in the presence of agents of MKS Limited, and Turyagenda’s agents and the LC1 leadership.
“The Regional Police Commander, Kampala Metropolitan East was instructed to abide by the earlier instructions and indeed the area Division Police Commander witnessed the re-entry of the second respondent (Turyatemba) onto his land,” said Kusemererwa adding that he was not aware of any existing court order maintaining a status quo.
The Police officers; Kusemererwa and Ssuubi as well as Turyatemba are jointly accused with businessman Yusuf Semugabi and land broker Denis Mugabo also known as Kiryewala and Justine Lusiya Nabuuma.
Business Enterprise, MKS Limited through its lawyers of R. Mackay Advocates is seeking for a declaration that the accused persons are in contempt of injunctive orders issued by the court in March 2021.
“An order that the contemnor be appropriately punished through the imposition of a fine of Shs950 million as a sanction for contempt of court,” reads an application also seeking for another order that the accused be arrested, detained and committed to civil prison for disobeying lawful court orders.
The company also wants an order directing the accused parties to immediately cease all acts of trespass, interference, grading and encroachment upon the suit property.
Court documents show that in March 2021, the court issued an order directing a status quo to be maintained on the land located at Block 216 Plot 4992 land at Buye, in Ntinda, Nakawa Division where the company MKS Limited is in physical possession until final determination of the main case.
The court order that restrained the accused parties from interfering with the company’s possession of the land.
In the application before court, the company contends that the accused parties have repeatedly attempted to forcefully enter the land, evict Hardware World Limited, intimidate its workers and representatives as well as damaging perimeter structures and interfere with the possession.
“That despite such knowledge, the first (Nabuuma), second (Turyagyenda) and third (Semugabi) respondents with assistance and connivance of the fourth (Mugabo), fifth (Kusemererwa) and sixth (Suubi) respondents on June 8, 2026 with hammers, guns and crane forcefully entered the suit land and attempted to evict the tenant of the applicant, have wilfully disobeyed the said order,” reads a sworn statement by Ms Shamim Masembe, the company’s managing director.
It is alleged that during the said acts of trespass and attempted eviction, it became evident that the accused parties were interfering not only with Plot 4992 but also with portions falling within plots 4991 and 4993 which form part of the land physically occupied by the company.
“That the respondents cannot avoid compliance with the injunctive order by relying on boundaries created through the impugned subdivision because the applicant (MKS Limited)’s occupation predates the subdivision and remains the very possession preserved by this court,” reads the court document adding that the actions amount to a deliberate attempt to defeat the purpose of the injunction and undermine the authority of court.
The company alleges that the conduct has caused financial loss, disruption of business operations and a breach of peace on the suit property and that unless sanctioned by court, the accused persons would continue to undermine the administration of justice and cause irreparable prejudice.
Meanwhile, the court has directed all the parties to file written submissions in order to deliver its ruling on July 17, 2026.
In 2020, the company sued the Commissioner for Land registration after discovering that the government official had cancelled its title and issued interests over the land in favour of Nabuuma.
Others sued are Nabuuma described as an administrator of a deceased’s estate, John Bosco Mubiru, Abdu Shakur Nsubuga and Federesi Nandawula.
It is alleged that the Commissioner for Land registration reinstated plot 2500 and subsequently subdivided it into plots 4991 and 4993 thereby overlapping MKS Limited’s former plot 4478 and that is now represented by portions falling within plots 4991, 4992 and 4993.
Before court, M/s MKS Limited is seeking for court determination of ownership and proprietary rights over the disputed land by way of declaring that the cancellation of the company’s land title was illegal and also orders for cancellation of registration of Nabuuma Justice Lusiya as registered proprietor of the disputed land.
The company is seeking for orders to be reinstated as the registered proprietor of the land and a declaration that the complainant is the bonafide purchaser for valuable consideration without notice of fraud.
