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New twist in Old Kira Road property, as Trespassers face arrest

By Davis Mugabi

In a turn of events, Trepassers in the property comprised Volume 1837, Folio 11, Plot 106 at Old Kira Road face arrest.

This matter was in Courts for 17 years until 2022, when it was concluded.

Previously, this property was owned by Lucy Mary Orech. However, ownership has since changed hands to Kabogozza Mutwalib, who sold to third parties. In fact, in 2020, Kabogozza defeated Orech in court, and she was ordered to pay Shs 100 million in damages to Kabogozza. 

Kabogozza sold the property to third parties, from whom businessman Yusuf Ssemakula bought from. This was confirmed by the high court and the court of appeal. Lucy Mary Orech, Evelyn Atim, and Simon Eliba have moved to many offices, but all have been telling them to back off the property. They have no legal basis whatsoever, being that the matter is res judicata . 

Orech has since resorted to using the State House Anti-Corrution Unit, the Deputy RCC Nakawa Khasim Kamugisha, and the Deputy IGP to defy lawful orders so that they can satisfy her needs. 

This is despite directives from the Police Legal Director, AIGP Erasmus Twaruhukwa.

Last year, AIGP Erasmus Twaruhuka wrote to the Commander, Kampala Metropolitan Area, and instructed him to restrain Mary Lucy Orech and all those claiming under her from trespassing on the subject property and advised them, if aggrieved, to seek remedy from courts of law. 

“Ensure that the area DPC and O/C Station implement the same without delay and professionally to avoid unnecessary complaints,” Twaruhuka wrote and added that: “The deployment on ground, if any, should be to protect the interests of the Registered Proprietor to enable him to enjoy quite possession.“

However, trespassers are continuing to abuse the directive. 

Accordingly, City Lawyer George Muhangi, who has been following this matter, has since narrated to this media house that the State House Anti Corruption Unit should stop being used by Mafias, because it tarnishes the image of the institution. 

“We  must put it to rest. They should respect court decisions. Or else we are going to arrest them and throw them to court for contempt of court orders,” said lawyer George Muhangi. 

Muhangi adds that: “State House Anti Corruption Unit is also not above the laws governing this country, they cannot reverse court decisions, as they’re now seen as chasing their personal interests in this matter, and we’ve sent a report to the appointing authority over their actions.“

He says that it has now become a Norm for the State House Anti Corruption Unit to interfere with matters adjudicated upon by courts of law. We’re so disappointed with Henry Isoke.

“Imagine, after 17 years of litigation, courts declared Kabogoza Mutwalibu a bonafide purchaser for value, and now you find the Unit saying no!“ Muhangi wondered, this impunity and thuggery of the State House Anti Corruption Unit must stop, this time we are not allowing their nuisance, we also appeal to the Judiciary to come out and tame these people. “

He says that the legal and the rightful owner of the property will be left with no option but to arrest trespassers. 

According to Muhangi, the arrest of trespassers will be backed by the fact that the Director of Criminal Investigations Directorate (CID) warned them.

In his letter dated June 21, 2023, through Venis Tumuhimbiise, the Director CID said that the question of ownership and possession of LRV 1837 Folio 11 Plot  106 at Old Kira Road was settled by Courts of law.

Secondly, court declared Kabogoza Mutwalibu as a rightful owner by a court decree vide civil suit No 106 of 2011 and there is a permanent injunction restraining Orech and those claiming under her from trespassing on the subject land. It is also common knowledge that a court decree remains in force as long as it is neither stayed nor set aside. 

“Therefore, this is to forward to you the communication from Police Headquarters for your update. The aggrieved party is advised to seek remedy from courts of law,” Tumuhimbiise told Commander, Kampala Metropolitan Police (KMP).

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