By the Insight Post Uganda
Mukono-Uganda
An intense struggle for a piece of land in Mukono district has taken a different twist with prominent businessman, Jackson Turinamasiko, finding himself at odds with a senior army officer- Major Mark Wanyama.
The conflict centres around land located on Mbeya Island in Mukono district. Turinamasiko asserts that his legal efforts to acquire the land were met with resistance, including claims of trespassing and malicious damage to property.
According to Turinamasiko, he is concerned about his personal safety, believing that a group under the command of a senior army officer is pursuing him with malicious intentions.
In an interview with this website, the businessman shocked many as he disclosed his apprehensions. On Wednesday, the business visited the Crime Investigations Department (CID) in Kibuli to follow up on a complaint he lodged against a police officer named Ben Mugisha from the Kibuli land protection desk. Surprisingly, he found himself arrested instead.
Despite being granted a police bond, Turinamasiko was rearrested the following Thursday, on allegations of causing intentional property damage, boundary removal, and trespassing on land located in Mbeya, an island within Mukono district’s Mpunge sub-county. He was presented in Mukono Magistrate’s court where he was granted bail.
On July 31 of this year, Mugisha, accompanied by twelve armed individuals, surrounded Turinamasiko’s workplace from 22:12hr to 22:42hr. Their apparent intention was to arrest him, but they left empty-handed.
They were reportedly travelling in two vehicles, a double cabin bearing license plate UP 4653 and a saloon car. This incident has since left Turinamasiko deeply concerned about the recent activities of security agencies.
Turinamasiko stated, “No official summons was issued to me by the CID headquarters. I have received credible information that Maj Mark Wanyama has influenced individuals at Kibuli, starting from unit commandant Johnson Dale Olal, to orchestrate my arrest due to my land purchase near his property on Mbeya Island.”
According to him, the arrest was seemingly orchestrated to portray him as a land grabber for media purposes. “Upon reaching the Mukono Chief Magistrates Court, I noticed a multitude of cameras. Interestingly, the very court had dismissed similar accusations against me in 2021, I wonder if the same file has been revived and why I have never been summoned to write a statement.”
Notwithstanding these events, Turinamasiko was granted a cash bail of UGX300,000, while his sureties, Robert Kizito Mugerwa and Mark Ssentamu Kabunga, were granted a non-cash bail of Shillings 10 million.
Crispas Asiimwe, the Legal Representative for Major Wanyama, clarified that the granting of bail lies within the trial court’s discretion and could be approved upon sufficient conviction.
“We anticipate returning to court this month. The current proceedings are centred on the plea, even though the respondent has pleaded not guilty,” he explains.
In the ongoing High Court case, a temporary injunction was issued preventing Francis Tyaba, represented by attorney Joyce Lutaaya, from selling a piece of land until the primary dispute concerning Plot 9, Block 494, Kyaggwe, is resolved.
Initially, the landowners agreed to sell the land to Turinamasiko, who paid a commitment fee of Ugx20 million to his DFCU bank account on November 6, 2019, towards the total sum of Ugx70 million.
The remaining Ugx50 million was due by the end of the month, and Turinamasiko fulfilled this payment on November 20, 2019.
However, after receiving Ugx70 million along with an additional Ugx15 million per acre for the already paid seven acres, the landowners changed their minds.
Foul Play, Gun Power
Turinamasiko sought legal intervention, resulting in a temporary injunction issued in November 2019 to halt any activities related to the disputed land.
The injunction, granted by Mukono High Court, restrained the respondent and associated parties from engaging in any land sale, alienation, transfer, subdivision, or interference with the land in Kyaggwe Block 494, Plot 9, Mbeya, until the main case’s conclusion.
Despite this injunction, the landlord proceeded to sell the land to Major Mark Wanyama, who forcefully occupied it, deploying armed military personnel to prevent Turinamasiko from utilizing it.
Although the High Court’s final decision on the main case is pending in November of this year, there are allegations that the military officer is prepared to use force to claim ownership of the land.
Despite Turinamasiko’s repeated pleas to various authorities, including the Inspector General of Police, Commander in Chief, Chief of Defense Forces, Inspectorate of Government, and Ministry of Security, his efforts have yielded minimal results.
The only notable response has come from General Wilson Mbasu Mbadi, Chief of Defense Forces (UPDF), who engaged the Chieftaincy of Military Intelligence and Chief of Legal Services. However, limited action has been taken, despite the findings’ transmission back to him by CMI.
Among the infractions reported for CMI’s investigation are land invasion by a senior army officer, and property damage on October 29, November 5, and November 8, 2022.
These damages include temporary housing for farm workers and trees planted by Turinamasiko following the commitment fee payment.
Turinamasiko has also urged an inquiry into the team led by Brigadier Shaban Lukyamuzi, the former head of the presidential task force’s land unit, who allegedly orchestrated property erasure with Major Sam and six others, aiding Major Wanyama in creating a militia presence on Turinamasiko’s land.
Possible Solutions
According to local residents who are following the matter closely, tribal emotions and personal pride seem to have taken precedence over the adherence to legal principles in this matter.
However, they say the complexity of this situation demands a multifaceted approach to find a resolution that is fair to all parties involved.
They are demanding an independent investigation to thoroughly investigate the allegations Turinamasiko raised. An independent body, they say, not directly affiliated with any party involved, should conduct the investigation to ensure transparency and fairness.
END.
English 