By Hannah Marion Namukasa
The High Court Civil Division Kampala, registrar Jameson Karemani has issued an order directing Kampala Capital City Authority (KCCA) deputy Executive Director Eng David Luyimbazi to defend himself over the allegation of illegal demolition of over 50,000 buildings of Katanga slum Bibanja holders in Wandegeya Kawempe Division Kampala.
The Registrar Civil Division further extended the interim order stopping him with other KCCA employees from demolishing the said buildings until the determination of the main suit.
City Pastor Danial Walugembe filed the suit challenging Luyimbazi’s illegal actions together with other KCCA employees and Professor Barnabas Nuwangwe the Makerere University vice chancellor against the people of Katanga Valley.
In his affidavit filed in Court, Walugembe accuses Nawangwe of writing a misleading letter on 12th of August 2021 claiming that he had a Court order which directed him to proceed with building on the controversial land and asking KCCA to demolish them which was not true.
He added that Luyimbazi has a conflict of interest because his wife Eng Christina Kakeeto is the Director Estate and works at Makerere University and all his actions are influenced by her. ” The 2rd respondent, had conflict of interest in matter given his marital relationship with the Director of the concerned department of Makerere University which department has been vigorously challenging my occupation of the suit buildings, participated in the meeting, vowed and confirmed that the decision to demolish my structure will be enforced” Walugembe stated in his affidavit.
He added that Luyimbazi on several occasions organizes meetings and hatched out malicious and illegal plans on how to demolish their structures on the contested land.
The applicant accused the defendants of illegally wanting to demolish houses for over 50,000 bibanja holders in Busia and Kimwanyi Zones in Katanga Valley.
“An order restraining the respondents, their employees, subordinates, agents, successors in office, assignees or any other person acting in their stead or claiming under them from demolishing/ removing structures and buildings” the first Court Order issued against the defendants restraining them from demolishing the said buildings reads.
In 2015, the High Court before then Judge Alphose Owiny Dollo ruled that the Katanga Valley land was occupied by four family members and their licensees who are now bonafide occupants whose rights are well protected under the laws governing ownership of land.
The four family members are Jonathan Yosamu Masembe, Bulasio Buyisi, George Kalimu and Samalie Nambogga. They were battling with Makerere University and the Commissioner for Land registration over cancellation of their Land titles and ownership of the land by Makerere University.
However, Makerere University has since appealed against the decision faulting the High Court in a matter pending hearing and determination before the Appeal Court. Through his lawyers of Mwesigwa Rukutana and Advocates, Walugembe contends that KCCA and Eng Luyimbazi have on several occasions organized meetings and hatched out malicious and illegal plans on how to demolish his structures.
Court records show that on March 18 to 20, KCCA deployed its enforcement officers to survey the suit properties to come up with a plan on how to carry out the demolition which was slated for March 21 to 24. “The structures and buildings that KCCA intend to demolish have been in existence since 1997 and I acquired them for value from my predecessors in title. KCCA has for a long time been collecting property tax from me in respect to the suit buildings” Walugembe states in the sworn statement. According to the court records, upon realizing the difficulty in legally challenging the interests of the 50,000 occupants among them, Walugembe, Makerere University resorted to opening up malicious criminal charges against him in order to arrest him and evict him from the disputed buildings.
