By Eric Yiga
The slow wheels of justice turned once again in a protracted land dispute where Jackson Twinamasiko accuses Major Mark Wanyama of illegally seizing his land.
What was expected to be a routine scheduling conference on Thursday at the High Court in Mukono instead highlighted the persistent delays caused by absent defendants, elusive parties, and recent judicial reshuffles.
The long-running case was slated for a scheduling session, a procedural step meant to clarify legal issues and prepare the matter for trial. However, proceedings were disrupted by the absence of several key participants.
The case is now under the stewardship of Justice Mary Kisakye Kaitesi, following a recent judicial reshuffle. She was expected to guide both parties through the procedural groundwork.
Present in court were the plaintiff, Jackson Twinamasiko, and his lawyer, Stephen Turyatunga.
However, the first defendant, Tyaba, and his attorney, Joyce Lutaaya who reportedly manages his properties were both absent and unrepresented.
The second defendant, Maj. Mark Wanyama, was also a no-show. His lawyer, George Muhangi, informed the court that Wanyama was en route, but he failed to appear before the session concluded.
Although both Turyatunga and Muhangi confirmed the scheduling memorandum, the plaintiff’s counsel raised a procedural concern: the Registrar of Lands, who was brought into the suit by the second defendant, had not been formally served and had not participated in the session.
Citing continued delays caused by Tyaba’s absence, Turyatunga requested the court’s permission to proceed ex parte, without the involvement of the first defendant.
Muhangi opposed the move, stating that the memorandum had already been shared with the Commissioner for Land Registration and that the case could proceed in the Registrar’s absence, with any resulting orders being complied with.
Justice Kaitesi rejected the request, stressing the importance of proper service to all parties, including the Registrar of Lands.
“This court cannot proceed until all necessary parties are duly served and have had an opportunity to respond,” she ruled.
Turyatunga explained that his team had attempted to serve several lawyers previously linked to Tyaba, but all declined, citing expired instructions to represent either Tyaba or Lutaaya.
To date, the first defendant has not responded to any court summons or police notices and is believed to reside in the United States, only visiting Uganda occasionally.
“The evasiveness of the first defendant continues to frustrate justice,” Turyatunga told reporters. “Every delay adds to the burden on my client, who has been seeking redress for years.”
Justice Kaitesi ordered the plaintiff’s legal team to exhaust all possible avenues to effect service on the first defendant, and directed Muhangi to ensure the Registrar of Lands is formally served. The matter was adjourned to October 21.
At the heart of the dispute are explosive allegations of land grabbing. Twinamasiko claims that Maj. Wanyama, a serving UPDF officer, forcibly took possession of the land with more than 15 heavily armed soldiers and hired civilians, ignoring a standing court order prohibiting access.
During the alleged takeover, property worth millions of shillings was destroyed and multiple individuals were reportedly assaulted.
The case underscores the systemic hurdles within Uganda’s justice system from dodging parties and delayed service, to the disruptive impact of administrative changes.
For Jackson Twinamasiko, what was meant to be a straightforward procedural session became yet another painful reminder of the difficulties faced by ordinary Ugandans seeking justice against powerful individuals.
