The High Court in Mukono has set a date for the hearing of a land dispute involving a Uganda People’s Defence Forces (UPDF) soldier, Major Mark Wanyama and Mukono businessman, Jackson Twinamasiko, after failed mediation.
The two have, since 2019, been in the limelight over the contested seven acres of land comprising Kyaggwe Block 494 Plot 9 at Mbeya Island. The land originally belonged to Francis Tyaba, who lives in the USA, but had given Joyce Lutaaya power of attorney to handle the transaction.
Later, Major Wanyama forcefully evicted the businessman, which compelled him to go to court for redress. Later, Wanyama also filed various counteraccusations.
However, last year, the two agreed to sign a consent to consolidate all the applications arising from the main lawsuit where Twinamasiko accused Wanyama, alongside Lutaaya, the legal attorney of the landlord, Francis Tyaba, of deceitful dealings.
The then Lady Justice Florence Nakachwa Dollo, who was handling the matter, allowed the two parties to enter mediation. Justice Nakachwa also assigned the case to the Assistant Registrar, David Wangutsi, and instructed him to arbitrate and oversee the withdrawal of the applications.
Wangutsi declared interest, and it was later allocated to Prof. Andrew Khaukha.
However, the arbitration, which was expected to take one month, was frustrated by Major Wanyama, who appeared once and never returned. His co-accused, Joyce Lutaaya did not appear at all or give an apology of not attending.
After three months of waiting, the arbitration was closed and the matter sent back to court for hearing. However, the hearing was halted after Justice Nakachwa was appointed a judge in the Court of Appeal.
The case was then allocated to Justice Mary Kisakye Kaitesi. On Friday, the case was scheduled for mention; however, Major Wanyama and his lawyer, George Muhangi, did not appear in court.
Twinamasiko, who was in court, through his lawyers led by John Burungu asked for some more time to complete the joint schedule of memorandum.
Lady Justice Kaitesi directed that the joint schedule of memorandum be ready and submitted by June 24, before adjourning the matter to July 3, for scheduling and hearing.
The contested seven-acre plot of land was bought by Twinamasiko from Francis Tyaba, through Lutaaya, who was entrusted with powers of attorney. According to the documents, Twinamasiko bought the land on November 6, 2019, for 70 million Shillings.
However, Lutaaya reportedly changed her mind about selling the land to Twinamasiko and sold it to Wanyama, who forcefully occupied the property, deploying armed military personnel to prevent Twinamasiko from accessing or utilising it.
Furthermore, the senior army officer’s actions resulted in significant property damage and destruction, including injuries inflicted on the casual workers at Twinamasiko’s farm.
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