Mukono High court awarded Edward Musolooza a resident of Najjembe in Buikwe district shillings 70 million as mesne profits and general damages on his land.
The judgement written by Justice Margret Mutonyi the then Mukono High court judge was delivered by the Deputy Registrar Harriet Ssali awarding the plaintiff against the two defendants Geoffrey Nganda and Ephraim Kaweesa for illegally possessing his land.
According to Justice Mutonyi, the case is one of the protracted trial in the court system and may be the oldest case in the judiciary. It was filled on July 21, 1995 at the High court in Kampala making it 25 years pending trial until it was transferred to Jinja High court and later to Mukono High Court Circuit in 2018 after it gazetted.
Justice Mutonyi notes that the delay is a reflection of poor case management right from the time it was filled in 1995 by the court for transferring it from one court to another without informing the parties especially the plaintiff.
Musolooza sued the defendants for grabbing his 25 acres of land [kibanja] trespass, recovery, an eviction order and permanent injunction restraining the defendants from trespassing into his land located at Kabutu-Najjembe in Buikwe district.
The defendants had fenced off the land claiming that it belongs to their late father Eriyabu Ssempala though they failed to provide before court evidence of their claim.
In the ruling, court declared the plaintiff a rightful owner of the land which has been under occupation of defendants for 25 years and that they are tress passers.
It also issued an eviction order and a permanent injunction against defendants and all those claiming any rights whatsoever from them.
Since the loss had occasioned for a long period of time, court noted that the plaintiff would have used his land for crops and or rearing animals on at least 20 acres and generated income of shillings 1.2 billion but due to the ability of the defendants to pay the plaintiff court reduced to a reasonable amount.
“Court is awarding General damages of 50, 000, 000 /= … I therefore award him a sum of 20, 000, 000/= as mesne profits against all defendants.” The Judgment reads.
Court also ruled that the money increases with an interest of 6 percent from the date of judgement in full before it also awarded to the plaintiff cost of suit as well.
Musolooza expressed joy for winning the case saying persistent on following up has made him succeed.
English 