KAMPALA –Edith Nagujja through her daughter Beatrice Kagga Nalongo has dragged to Court her son Daniel Herbert Lule Jakana and Jakana Foods Limited to court, accusing them of tress passing on the land with a court order halting any operations on it untill the case regarding its ownership before court is disposed off.
in her application before Court, Nagujja seeks a declaration that acted in contempt of the court orders issued on the 4th day of August, 2023 in M.A no. 2100 of 2021 by dealing with the land comprised in LRV 4552 Folio 13, Block 203, Plot 11780 land at Kawempe Division, Kampala, District.
That court should compell the respondent to obey court orders and appropriately be punished for the contempt.
“Consequent to (a), the respondent as a contemnor be fined to a tune of UGX. 50,000,000 (Fifty Million Uganda shillings) for contempt and UGX. 30,000,000 (Thirty Million shillings) as punitive and general damages for the inconveniences occasioned to the applicant.”
Background
That the applicant filed an application vide Misc. Application No. 2100 of 2021 against the respondents herein seeking an order of temporary injunction to restrict the respondents herein from trespassing, selling, encumbering, transferring, developing the suit property and in anyway interfering with the applicant’s ownership of land comprised in LRV 4552 Folio 13, Block 203, Plot 11780 land at Kawempe Division, Kampala, District until final disposal of the main suit.
That following the determination of the said application, this Honorable court made a ruling that the status quo of the suit property be maintained as it is now, that the respondents are restrained from continuing with the digging of the pits, and doing any activity close by 3 meters, to the house of the applicant.
That both parties were restrained from selling, mortgaging, transferring, leasing, evicting anyone, or creating any third party on the suit property comprised in LRV 4552 Folio 13, Block 203, Plot 11780 land at Kawempe Division, Kampala, District until determination of the main suit HCCS 1090 of 2019.
That the 1st Respondent has continued with his acts of digging of the pits, and constructing a septic tank close to the applicant’s house which is contrary to the order issued by this court.
That although the Respondent is aware of the said orders but has not complied with them.
That as at the time of filing this Application the order is still intact and the 1st Respondent’s actions of failing to comply with the same amounts to contempt of court order which is punishable per se.
Land in Question
The applicant (Nagujja) in her affidavit in support stated that Daniel Nkuse Jakana, being her husband, was the owner of property currently comprised in LRV 4552 Folio 13, Block 203 Plot 11780 Land at Kazo (herein after suit property) and formerly a kibanja holder on land comprised in Kyadondo Block 203 Plot 2663, which was the family home.
That the late Daniel died and left a will in which he appointed his wife (Nagujja)
thand his son (Daniel Jakana ) as executors of his wil, who were later
granted letters of probate for the deceased’s estate.
That the deceased bequeathed
the suit property to the applicant during her life time and thereafter to his son
Senjogera. The applicant alleges to have been in possession and utilization of suit
property as her matrimonial home since 1950. She alleges that sometime in 2000, she permitted the her son to stay on suit property and establish a
factory in memory of the deceased.
That on 3/1 1/2005, the Jakana Fruit Factory through
the Daniel without the knowledge of the Nagujja entered into a lease
agreement with Buganda Land Board and obtained a 39-year lease in respect of suit property and later on subdivided with a new Certificate of Title was created in the names of the fruit factory.
That since then the respondents have
cut down the trees and plantation of the suit property and dug trenches on the suit property and are threatening to evict the applicant.
The respondents however contends that the land occupied by Nagujja is different from that they occupy and secondly there is no proof that they intend to demolish any this from the said land.
