Appellate court declares Ndeeba Church eviction illegal
Mwanje, who is accused of stealing church assorted items valued at approximately sh850 million, was granted bail by the Nakasero-based Anti-Corruption Court.
Court has ruled that Ndeeba Church eviction was illegal. (New Vision/Files)
By Michael Odeng and Barbra Kabahumuza
Journalists @New Vision
KAMPALA - The Court of Appeal has ruled that the 2020 Ndeeba Church eviction was illegal and has ordered the lower court to conduct a fresh hearing.
The case was highly controversial, with the arrest and charging of businessman Dodoviko Mwanje, who was allegedly the mastermind behind the destruction of the church.
Mwanje, who is accused of stealing church assorted items valued at approximately sh850 million, was granted bail by the Nakasero-based Anti-Corruption Court.
In a unanimous decision by a three-panel bench, the appellate court judges ruled that the execution levied against the occupants of the land known as Kibuga Block 7, Plots 749 and 750 at Ndeeba, formerly Plot 39 at Mengo, was illegal and set it aside.
The justices included Irene Mulyagonja, John Oscar Kihika, and Moses Kazibwe Kawumi.
In a ruling dated Friday (April 25), the court directed that the 2008 suit be remitted to the High Court to allow for the hearing of evidence from the personal representatives or administrators of the estates of the late Reverend Y.A. Kitaka and Bishop Dunstan N. Nsubuga, the registered proprietors of the land.
The administrators include Ruth Natembo Kitaka, Richard Kitaika Esau, and Lucy Nsubuga.
The dispute over the land involves the administrators of the late Kitaka and Nsubuga and the administrators of the estate of the late Evelyn Nachwa including John Kajoba and Edward Balunga.
The justices ruled that the injunction restraining the Attorney General from paying sh3.8b to Ephraim Enterprises Limited, owned by Dodoviko, as compensation for the acquisition of the disputed land shall remain in force until the final disposal of the case.
“The status quo obtaining on the land known as Kibuga Block 7 Plots 749 and 750 at Ndeeba, formerly Plot 39 at Mengo at the time of hearing these appeals shall be maintained until final disposal of the suit,” Justice Mulyagonja directed.
The justices held that the Principal Judge did not error in determining that, without evidence of fresh instructions from Lucy Nsubuga to lawyer Ambrose Tebaysa (written or otherwise), the lawyer’s mandate to defend her lapsed after she was struck out as a party to the suit.
The court found that Tebyasa filed a defense for his client that was inconsistent with her interests as the personal representative of her late husband, a Bishop in the Church.
According to the justices, despite being aware of the Church’s interest in the land, the lawyer made no effort to ensure his client testified in court.
The justices observed that the lawyer’s reason - that she [Lucy Nsubuga] would be under ‘intense pressure’ to testify in support of the Church amounted to professional misconduct.