By Mulengera Reporters
Justice Andrew Byabashaija of the Land Division of the High Court has made things very complicated for Justice Bamugemereire. In his latest ruling, Byabashaija directs the Finance Ministry and Uganda Land Commission (ULC) to urgently pay Robert Rukaari who is also the NRM CEC member representing enterprenuers. Rukaari’s procurement company called AMPROC years ago lent money (Shs3.7bn) to Pastor Daniel Walugembe. When Walugembe failed to pay, Rukaari (who also owns a building on Lugogo bypass where NITA rents) took him to court and as part of the court process, Walugembe referred him to ULC saying they should use his money to pay him (Rukaari). Walugembe was entitled to the money from ULC because he was among the landlords in Kibale who were entitled to compensation from the Land Fund as government offered to pay such landlords so that squatters are not evicted but instead are issued with land titles and become bonafide owners. As ULC moved to pay up, some other claimants petitioned Bamugemereire saying Walugembe had grabbed their land in Kibale. Bamugemereire wrote to Finance Ministry and ULC stopping the payment of the money by ULC to Rukaari as had been directed or agreed with Walugembe. It was then that Walugembe took the matter to court challenging Bamugemereire’s powers to interfere with something sanctioned by court. And in his decision, Justice Byabashaija says Bamugemereire has no powers anywhere to legally interfere with or even stop a court order or decision on matters regarding land. He says that any government official or entity that disregards a court order or judgment in favor of Bamugemereire’s directives will be committing an illegality and will have himself to blame. This in effect leaves the Bamugemereire inquiry totally crippled and nearly incapable of having any effect. In a judgement clearly favorable to the ULC, Byabashaija also orders parties concerned to equally ignore the IGG saying her earlier directives regarding the management of the Land Fund are illegal and should be ignored as such. The Judge also bashed Land Probe secretary Dr. Douglas Singiza blaming him for swearing an anti-Rukaari/Walugembe affidavit that was fatally defective. We rang Singiza for his comment this morning and he said he was unable to speak because he was in a retreat. For comments, call, text or whatsapp us on 0703164755.
