MASAKA —The High Court in Masaka has upto Tuesday August 23, to give its final ruling in the case where renowned herbalist Dr. David Senfuka and Bukomansimbi district Leadership are bickering over land dispute.
The case whose final ruling was supposed to be delivered this week, Dr. Senfuka is accusing Fred Kalema, the Deputy RDC of Bukomansimbi together with Fred Nyenje Fred the Chairperson LC V and the Attorney General Kiryowa Kiwanuka, for rallying residents never to pay a single annual subscription fee (Busulu) to him.
In a latest communication, Julius Bulora, the Masaka High Court Deputy Registrar informed both parties that their Application would be decided on Tuesday at exactly 9:30 am.
Genesis
On April 27, Dr. Senfuka through his lawyers M/s Katutsi & Lamunu Advocates dragged the trio in Court accusing them of telling residents (Bibanja holders) never to pay him his annual subscription (Busulu).
The said land is two square kilometers with 600 squirters located Budda village, Kisojjo Sub County in Bukomansimbi district.
In the year 2021, the Plaintiff filed two suits, No. 084 of 20211 and No. 085 of 2021, in the Chief Magistrate’s Court of Masaka against some of the occupants of his land seeking, among others, declarations that they occupied it illegally since they are neither bona fide nor lawful occupants,” reads part of the Suit.
“The persons against whom the Plaintiff filed the said suit, which is still pending hearing and disposal, sought the political intervention of the 2nd and 3rd Defendants and indeed the 2nd and 3rd Defendants, while well knowing that the matter was still pending in Court and therefore sub judice, convened a rally of all the residents of Budda on the 8th day of March, 2022 and at the said rally made very damning accusations against the Plaintiff and incited the said residents of Budda against the Plaintiff,” it adds.
According to the Suit, Nyenge and Kalema, while addressing the residents reportedly said that Dr. Senfuka has no rights over the contested land and incited the residents not to allow the Plaintiff step foot thereon.
“As a result of the incitement of and by the 2nd and 3rd Defendants of the residents of Budda against the Plaintiff, the Plaintiff for fear of his life cannot step foot on his land and more portions of his land are being taken by persons who are unknown to him,” it states.
He in the Suit asked Court to declare that the trio violated the sub judice rule.
“A declaration that the utterances made by the Defendants against the Plaintiff were meant to and actually incited the people on his land against him and put his life at risk of harm and permanent injunction restraining the Defendants and their subordinates from commenting about the Plaintiff’s suits against some people on his land in Budda.”
While hearing the Case today, Julius K Borole, the Masaka High Court registrar asked Dr. Senfuka to put in his final submissions on July 7, before the defendants file in the rejoinder on July 11.
Speaking to reporters on Wednesday, Dr. Senfuka said that he will not rest until he gets Justice because it’s hypocritical for the RDC and his colleagues to rally locals against him.
“I have no problem with the RDC and his colleagues going to the said land and meet the residents but what they speak when they are there is what disturbes me, why rally locals against me who is seeking what rightfully belongs to me,” he said.
“I am accusing the Deputy RDC for rallying locals not to give me the Busulu that’s why I am in Court, inciting people means that I won’t have a say on land which I bought,” he added.
Senfuka also hit at the area MP Kayemba Solo whom be said went to Parliament and accused him (Senfuka) for chasing people off land.
“Another problem we have are these politicians because they think they will get there politics from Parliament to people’s businesses we won’t accept that nonsense because the truth no one is being chased off the land because it’s where I am born, I have the recordings of hisbfake meetings with me,” he said.
He said that he seeks Court to stop the RDC and LCV never to step on the said land to hold any meeting concerning the same land, if possible.
In response Nyenje pledged to continue speaking about the issues that he thinks affect his people, especially in the communities where he has jurisdiction and power.
Joseph Ndawula, the lead lawyer of the defendants said that they are ready for the battle.
Kalema, the accused RDC said that he is optimistic that the law will decide everything.
