The High Court in Masaka has an injunction, restraining Fred Kalema Pax the Bukomansimbi Deputy Resident District Commissioner (RDC) and Fred Nyenje the Chairperson of LCV, from speaking about the case between Dr. David Senfuka and a section of locals.
Last year, Dr. Senfuka filed a Suit, accusing Kalema and Nyenje of rallying residents never to pay a single annual subscription fee (Busulu) to him. The said two square kilometers land with 600 squatters are located in Budda village, Kisojjo Sub County, Bukomansimbi district.
On April 27, Dr. Senfuka through his lawyers M/s Katutsi & Lamunu Advocates dragged the trio in Court accusing them of telling residents (Bibanja holders) never to pay him his annual subscription (Busulu).
The two suits sought the Chief Magistrate’s Court of Masaka to harmonize between Dr. Senfuka and the residents, seeking to let some of the occupants of his land seek, among others, declarations that they occupied it illegally since they are neither bona fide nor lawful occupants.
Julius Bulora, the Deputy Court Registrar restrained the two from commenting on the issue of the said land until the final matters have been concluded in courts of law.
“The persons against whom the Plaintiff filed the said suit, which is still pending hearing and disposal, sought the political intervention of the second and third Defendants and indeed the second and third Defendants, while well knowing that the matter was still pending in Court and therefore subjudice, convened a rally of all the residents of Budda on the 8th day of March, 2022 and at the said rally made very damning accusations against the Plaintiff and incited the said residents of Budda against the Plaintiff,” the judge ruled.
According to the Suit, Nyenge and Kalema, while addressing the residents reportedly said that Dr. Senfuka has no rights over the contested land and incited the residents not to allow the Plaintiff step foot thereon.
“As a result of the incitement of and by the second and third Defendants of the residents of Budda against the Plaintiff, the Plaintiff for fear of his life cannot step foot on his land and more portions of his land are being taken by persons who are unknown to him,” states in part of the injunction.
Reactions to court ruling
Speaking after the Court ruling, Dr. Senfuka welcomed the ruling, saying that Justice has been served on his side.
“My issue is not about evicting people, I don’t want animals on that land but people but politicians have no moral authority to show me how to manage my land. I don’t need the help of an RDC because the president did not appoint him to come and check under our beds,” Dr. Ssenfuka said.
He said this should be a lesson to the dual and they know that they had exceeded their limits. “They should go and tell locals to pay Busulu and if they fail, it’s them that will have evicted the locals, not me. I am ready for talks and have left that window open, they should do their jobs legally not rallying Bibanja holders against us because this is our land, we shall own it in this government and after,” he said.
Peter Paul Katusi, Dr. Senfuka’s lead lawyer, welcomed the ruling saying that Justice has been served.
“Politicians have been using their offices and platforms to malign my client, in a way prejudicing his Case, they were commenting on matters that affect his case. Now that Court has pronounced itself on the injunction, I expect them to comply until the matter is sorted out by the Court,” he said.
Joseph Ndawula, the lead lawyer of Kalema and Nyenje, however contested the ruling saying that the Deputy Registrar did not look at the evidence.
“The Deputy Registrar ruled on a Big Case which is not allowed by law. He did not look at the evidence but what people said, and for that we shall Appeal but I am first seeking my Client’s consent,” he said.
Differing from his lawyer, Nyenje welcomed the ruling, saying that it is not harsh and no need for alarm.
“Court has left us with our powers of patrolling the area, our main issue was eviction but as far as paying him the annual subscription we don’t have any contestation on it,” he said.
“We are concerned about the security of our people and I want to sound a warning that no one will come from Kampala with his security operatives and evict people from land in this area. Dr. Senfuka’s words are not harsh to us and I think we don’t have any problem with him,” he added.
