MASAKA— The High Court in Masaka has on Tuesday issued an injunction —restraining Bukomansimbi District bosses from speaking about the dispute between herbalist Dr. David Senfuka and a section of locals.
The ruling, delivered by Julius Bulora, the Deputy Court Registrar restrains Fred Kalema, the Bukomansimbi Deputy Resident District Commissioner (RDC) and Fred Nyenje the Chairperson of LC V from involving themselves in the two square kilometers land dispute Budda village, Kisojjo Sub County in Bukomansimbi district.
Dr. Senfuka filed a suit, accusing Kalema and Nyenje for rallying residents never to pay a single annual subscription fee (Busulu) to him.
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 two suits (No. 084 of 20211 and No. 085 of 2021), filed by the plaintiff in 2021, sought the Chief Magistrate’s Court of Masaka to harmonize between Dr. Senfuka and the residents, seeking to let 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.
“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
Welcoming Ruling
Speaking to reporters after the Court ruling, Dr. Senfuka welcomed the ruling, saying that Justice has been served.
“My issue is not about evicting people; I don’t want animals on that land but people but politicians have no moral authority to show me how to manage my land. I don’t need the help of an RDC because the president did not appoint him to come and check under our beds,” he said.
This, he said should be a lesson to the dual and they know that they had exceeded their limits.
“They should go and tell locals to pay Busulu and if they fail, its them that will have evicted the locals, not me. I am ready for talks and have left that window open, they should do their jobs legally not rallying Bibanja holders against us because this is our land, we shall own it in this government and after.”
On his part, Peter Paul Katusi, Dr. Senfuka’s lead lawyer welcomed the ruling saying that Justice has been served.
“Politicians have been using their offices and platforms, to malign my client, in a way prejudicing his Case, they were commenting in matters that affect his case. Now that Court has pronounced itself on the injunction, I expect them to comply until the matter is sorted out by the Court,” he said.
Joseph Ndawula, the lead layer of Kalema and Nyenje, however contested the ruling saying that the Deputy Registrar did not look at the evidence.
“The Deputy Registrar ruled out on a Big Case which is not allowed by law. He did not look at the evidence but what people said, and for that we shall Appeal but I am first seeking my Client’s consent,” he said.
Differing from his lawyer, Nyenje welcomed the ruling, saying that it is not harsh and no need for alarm.
“Court has left us with our powers of patrolling the area, our main issue was eviction but as far as paying him the annual subscription we don’t have any contestation on it,” he said.
“We are concerned about the security of our people and I want to sound a warning that no one will come from Kampala with his security operatives and evict people from land in this area. Dr. Senfuka’s words are not harsh to us and I think we don’t have aby problem with him,” he added.
