By Mukembo Wilfred
City businessman Darius Muteesa alias Muzungu has won the disputed Katanga valley land, near Wandegeya, KCCA trespass case against him.
In October this year, businessman Darius Muteesa also known as Muzungu was slapped with criminal trespass charges against him before the Magistrates Court at City Hall .
He was however released on bail after spending a week on remand but when the case came up for hearing, the court presided over by magistrate Valerian Tumuhimbse ruled that the court did not have territorial jurisdiction to handle the case.
The land at Katanga has been subject to protracted legal battles between Makerere University and the bonafide occupants for more than two decades now.
The magistrate also dismissed the state’s plea to have the case file transferred to LDC court, reasoning that the court did not have powers to transfer the file. Court observed that the powers to transfer the case file lies in the High Court.
Prosecution had alleged that on September 21 this year, at Makerere Katanga Valley in Kampala, with intent to annoy or insult Makerere University, Muteesa and others among them Pastor Daniel Walugembe still at large, entered on land comprised on freehold register volume 428 and known as plot 45 and 47 North Kitante Road in possession of Makerere University and found supervising illegal construction on the said land.
The state also had alleged that on September 28, Muteesa was found supervising construction works on another plot 47 on North Kitante road.
In 2015, the High Court ruled that 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. Their case awaits hearing and determination in the Court of Appeal.
Last month, the High Court dismissed with costs an application in which Makerere University has sought to evict more than 50,000 bonafide occupants of Katanga land near Wandegeya.
The lawyers representing Makerere University had asked the court to issue restraining orders against the bonafide occupants on Katanga land to stop them from further developing their bibanjas.
The case was filed against Pastor Daniel Walugembe, Mr Abdu Ssekajja and Kampala Capital City Authority (KCCA).
Mr Simon Kintu Zirintuusa, the registrar of the High Court Land Division ruled that the arguments advanced by Makerere University are doubtful since there is no new controversy between the university and the occupants led by Pr Walugembe.
According to the Court, the arguments advanced by the university are speculative and that KCCA has since rejected building plans by the bonafide occupants citing a pending appeal case over the land.
