State given last chance in Entebbe land trespass case

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The Entebbe Chief Magistrates’ Court has given the state a last chance to present its witnesses in a case where businesswoman Peace Barigye accuses a man of trespassing on disputed land in Entebbe.

Barigye alleges that Yunus Magom unlawfully entered and occupied the contested property, valued at over sh500m, located on Uringi Crescent, Entebbe, in Busiro County, Wakiso district.

The dispute involves Barigye and Rosemary Kiiza Omamteker, the proprietor of Entebbe Junior School, who both claim ownership of the land.

During the previous court session, Chief Magistrate Stella Maris Amabilis warned that if the state fails to produce a witness in the next hearing, scheduled for October 27, the state will be compelled to close its case.

This followed a complaint from defence lawyer Phillip Aryatuha, who complained that the matter had dragged on due to repeated adjournments caused by the state’s failure to present more witnesses in court.

Two weeks earlier, the investigating officer expected to testify failed to appear in court, prompting the magistrate to issue a final adjournment.

“If no witnesses appear in court, I will be forced to compel the state to close the case,” Magistrate Amabilis cautioned.

Ownership

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

The land located on Plot 31 on Uringi Crescent in Entebbe measures approximately 0.101 hectares (0.249 acres).

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 metres onto her (Omamteker’s) land.

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