ENTEBBE | COURT | LAND DISPUTE | FAILED

The trial of a man accused of trespassing on a disputed land in Entebbe, Wakiso district has failed to take off, over a missing Police file.

The contested land worth over sh500m is situated at Uringi Crescent, Entebbe in Busiro County, Wakiso district vide LRV3220, Folio 18, plot 31A. Entebbe Junior School's Rosemary Kiiza Omamteker and businesswoman Peace Barigye are battling over the land.

When the case resumed today (February 8, 2023), state attorney Janet Annet Nabulobi informed the court that she does not have the Police file of accused Yunus Magom.

She also told Entebbe Court presided over by Grade One Magistrate Naume Sikhoya that the case file was recalled by the Regional Office of the Director of Public Prosecutions at Nakawa.

This prompted the magistrate to adjourn the case to March 6, 2023, for mention. So far one witness has testified in the matter.

Magom is facing a charge of criminal trespass, which he has since denied.

High Court

Omamteker and Barigye are battling over the property in the Land Division of the High Court in Kampala. The case is being handled by Justice Bernard Namanya.

Recently, Omamteker informed the court that Barigye has fenced off the land located on Plot 31, Uringi Crescent in Entebbe municipality, Wakiso district, which measures approximately 0.249 acres.

The court heard that Omamteker, through her lawyers, wrote to the office of the town clerk Entebbe Municipal Council requesting them to take action against the businesswoman and to protect the boundaries of the land, in vain.

Through her lawyers, Omongole and Company Advocates, Omamteker sued Barigye in the Civil Division of the High Court in Kampala, accusing her (Barigye) of trespassing on her property.

Omamteker told the court that she is the registered owner of the land, having possessed a certificate of title for the same in 2010.

Omamteker said in January 2021, she embarked on surveying her land, and in the process, she discovered that Barigye was sitting on Plot 31B and had started building a structure on her property.

However, the survey discovered that Barigye had allegedly encroached 1.5 meters onto her (Omamteker’s) land.

Omamteker contends that she shares an access road to the respective plots of land with Barigye, but that Barigye has erected a gate on the access road, hence preventing her from accessing her plot.