MASAKA— The High Court in Masaka District has set August 17 to deliver a final ruling in which renowned herbal researcher David Senfuka accuses leaders in Bukomansimbi of rallying squirters
to defy paying him annual subscription fee (Busuulu) on his two square kilometers in Budda village, Kisojjo Sub County.
Through his lawyer of M/S Katutsi & Lamunu, Advocates, Dr. Ssenfuka in April this year sued Mr. Fred Kalema, the Deputy Resident District Commissioner of Bukomansimbi, Fred Kayiira Nyenje the Chairperson LC V and the Attorney General Kiryowa Kiwanuka— accusing them of incited Bibanja holders on his land never to pay him Busuulu.
The Court has since given defendants upto July 7, 2022 to file a reply and July 11 2022 for the defendant to file a rejoinder.
Senfuka only has upto June 27, 2022 to put in his submission.
Unlike his prayers for an open hearing of the case to be covered by the media, the court decided that there will be no oral submissions, and that they will determine August 17, 202 based on only written filings.
Background
“In the year 2021, the plaintiff (Ssenfuka) filed two suits, No. 084 of 20211 and No. 085 of 2021, in the Chief Magistrate’s Court of Masaka against some of the occupants of his land seeking, among others, declarations that they occupied it illegally since they are neither bona fide nor lawful occupants,” reads part of the Suit.
“The persons against whom the Plaintiff filed the said suit, which is still pending hearing and disposal, sought the political intervention of the 2nd and 3rd Defendants and indeed the 2nd and 3rd Defendants, while well knowing that the matter was still pending in Court and therefore sub judice, 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,” it adds.
According to the court documents, Nyenge and Kalema, while addressing the residents reportedly said that Dr. Ssenfuka 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 2nd and 3rd 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,” it states
He in the Suit asked Court to declare that the trio violated the sub judice rule.
“A declaration that the utterances made by the Defendants against the Plaintiff were meant to and actually incited the people on his land against him and put his life at risk of harm and permanent injunction restraining the Defendants and their subordinates from commenting about the Plaintiff’s suits against some people on his land in Budda”.
Court directions on the case
• Plantiff file and serve substantive legal arguments/submissions by June 26, 2022
• Respondent files and serves his substantive legal arguments in reply by July 7, 2022
• Defendant file and serve a rejoinder, if any, by July 11, 2022
• Judgement will be delivered on August 17, 2022.
Dr. Ssenfuka speaks out
Dr. Senfuka told reporters outside court that “the RDC and his colleagues have exceeded their limits”.
“We are all Ugandans and deserve equal treatment, RDCs should sensitize the people in a proper way other than rallying residents against land owners,” he said, adding that leaders fueling land wrangles, “because they come as mediators and instead take sides”.
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