News
Entebbe land trespass case stalls for five years
At the previous court session, the hearing was adjourned after the magistrate informed the court that the state attorney was indisposed.
Barigye (Pictured), who described herself as a businesswoman dealing in general supplies, accuses Magom of criminal trespass and threatening violence. Magom, who denied the charges, is being represented by Phillip Aryatuha.
By: Barbra Kabahumuza and Michael Odeng, Journalists @New Vision
WAKISO - The hearing of a case in which businesswoman Peace Barigye accuses Yunus Magom of trespassing on disputed land in Entebbe has stalled for close to five years due to the repeated absence of either the prosecution or its witnesses.
Although the trial commenced in 2022, the proceedings have been plagued by frequent adjournments, largely because prosecution witnesses have failed to appear in court and the state attorney has, on several occasions, been absent.
The case is scheduled to resume tomorrow (Wednesday) before Entebbe Chief Magistrate Stella Maris Amabilis.
At the previous court session, the hearing was adjourned after the magistrate informed the court that the state attorney was indisposed.
The complainant, Barigye and the prosecution witnesses were also absent, making it impossible for the trial to proceed.
Barigye, who described herself as a businesswoman dealing in general supplies, accuses Magom of criminal trespass and threatening violence. Magom, who denied the charges, is being represented by Phillip Aryatuha.
Attorney General
The development comes at a time when the new Attorney General, Sam Mayanja, has challenged the Judiciary to find new ways of clearing its growing case backlog.
He noted that government has improved judicial officers’ salaries, retirement benefits and working conditions over the years. He said the number of judicial officers has also increased, yet thousands of cases remain unresolved.
Earlier confrontations
In June 2023, Barigye accused the former Resident State Attorney Janet Kitimbo of protecting some of the individuals who are supposed to be placed on the charge sheet alongside Magom.
This prompted Kitimbo to stop handling the case, which was later taken up by Chief State Attorney Annet Janet Nabulobi.
Attorney General
The development comes at a time when the new Attorney General, Sam Mayanja, has challenged the Judiciary to find new ways of clearing its growing case backlog.
He noted that government has improved judicial officers’ salaries, retirement benefits and working conditions over the years. He said the number of judicial officers has also increased, yet thousands of cases remain unresolved.
Earlier confrontations
In June 2023, Barigye accused the former Resident State Attorney Janet Kitimbo of protecting some of the individuals who are supposed to be placed on the charge sheet alongside Magom.
This prompted Kitimbo to stop handling the case, which was later taken up by Chief State Attorney Annet Janet Nabulobi.
However, the magistrate advised Barigye and Kitimbo to iron out their differences, saying at the end, it will be the state to prosecute the case.
Press release
Following the incident, the ODPP released a statement indicating that suspects are not being shielded in Entebbe criminal trespass matter.
The ODPP clarified that the decision to charge Magom with criminal trespass and threatening violence was made by another state attorney.
“It should be noted that the decision to charge is dependent on sufficiency of evidence against a suspect. In the stated matter, there was no sufficient evidence to sustain charges against other suspects,” the ODPP stated.
High Court
The proprietor of Entebbe Junior School has since petitioned the Entebbe High Court, accusing Barigye of encroaching on the same land.
The contested land (Plot 31A) worth over sh500m is situated at Uringi Crescent, Entebbe in Busiro county, Wakiso district.
Rosemary Kiiza Omamteker filed the suit against Barigye at Entebbe High Court, seeking a permanent injunction restraining Barigye and her agents from trespassing on land.
According to court documents, Omamteker is the registered proprietor and lawful owner of the land, having possessed it since 2019.
The school proprietor contends that in 2021, Barigye began constructing a residential house on the adjacent Plot 31B, at which point she realised that the structure had encroached onto her land.
“I made several attempts to engage Barigye to halt the encroachment or trespass on my land, but she was hostile and confrontational,” Omamteker states in her pleadings.
The documents indicate that Omamteker, through her former lawyers of Nshemerirwe, Arigye, and Company Advocates, wrote to the Entebbe Municipal Council town clerk seeking intervention to protect the land boundaries.
However, the town clerk reportedly advised Barigye to stop the encroachment and comply with the findings of a survey report, but she allegedly ignored the directive.
Omamteker further claims that although she and Barigye share an access road, the businesswoman unlawfully constructed a gate, blocking her access to the land.
Court documents indicate that an independent survey was commissioned after Barigye denied encroaching on Omamteker’s land.
On October 31, 2024, through her lawyers from Roots Advocates, Omamteker wrote to the Commissioner Surveys and Mapping at the Ministry of Lands, Housing and Urban Development, requesting for a joint boundary opening for Plots 31A and 31B along Uringi Crescent Road.
Court documents show that on November 8, 2024, the ministry conducted a boundary opening and found that Barigye had encroached on Omamteker’s land by 0.028 hectares (approximately 0.0771 acres).
Omamteker contends that Barigye is aware that it is her [Omamteke’s] land but she has continued to trespass by constructing on it, planting flowers and placing boundary marks, an act she says has caused her mental anguish and financial loss.
Press release
Following the incident, the ODPP released a statement indicating that suspects are not being shielded in Entebbe criminal trespass matter.
The ODPP clarified that the decision to charge Magom with criminal trespass and threatening violence was made by another state attorney.
“It should be noted that the decision to charge is dependent on sufficiency of evidence against a suspect. In the stated matter, there was no sufficient evidence to sustain charges against other suspects,” the ODPP stated.
High Court
The proprietor of Entebbe Junior School has since petitioned the Entebbe High Court, accusing Barigye of encroaching on the same land.
The contested land (Plot 31A) worth over sh500m is situated at Uringi Crescent, Entebbe in Busiro county, Wakiso district.
Rosemary Kiiza Omamteker filed the suit against Barigye at Entebbe High Court, seeking a permanent injunction restraining Barigye and her agents from trespassing on land.
According to court documents, Omamteker is the registered proprietor and lawful owner of the land, having possessed it since 2019.
The school proprietor contends that in 2021, Barigye began constructing a residential house on the adjacent Plot 31B, at which point she realised that the structure had encroached onto her land.
“I made several attempts to engage Barigye to halt the encroachment or trespass on my land, but she was hostile and confrontational,” Omamteker states in her pleadings.
The documents indicate that Omamteker, through her former lawyers of Nshemerirwe, Arigye, and Company Advocates, wrote to the Entebbe Municipal Council town clerk seeking intervention to protect the land boundaries.
However, the town clerk reportedly advised Barigye to stop the encroachment and comply with the findings of a survey report, but she allegedly ignored the directive.
Omamteker further claims that although she and Barigye share an access road, the businesswoman unlawfully constructed a gate, blocking her access to the land.
Court documents indicate that an independent survey was commissioned after Barigye denied encroaching on Omamteker’s land.
On October 31, 2024, through her lawyers from Roots Advocates, Omamteker wrote to the Commissioner Surveys and Mapping at the Ministry of Lands, Housing and Urban Development, requesting for a joint boundary opening for Plots 31A and 31B along Uringi Crescent Road.
Court documents show that on November 8, 2024, the ministry conducted a boundary opening and found that Barigye had encroached on Omamteker’s land by 0.028 hectares (approximately 0.0771 acres).
Omamteker contends that Barigye is aware that it is her [Omamteke’s] land but she has continued to trespass by constructing on it, planting flowers and placing boundary marks, an act she says has caused her mental anguish and financial loss.