Judge calls for reconciliation in sh3.3b Justice Kavuma row

High Court Judge Lydia Mugambe has asked Deputy Chief Justice Kavuma and businessman Wilfred Bugingo, to reconcile in the row over sh3.3b. 

Justice Lydia Mugambe made the call when parties to the case convened in the chambers at civil division of the High Court in Kampala at Twed Towers. 

Court had been scheduled to cross-examine the registrar of the Court of Appeal, Deo Nizeyimana, who swore an affidavit in support of Kavuma. Nizeyimana and Kavuma were absent. 

Bugingo is querying Kavuma's conduct and purports that the Deputy Chief Justice connived with his rival Willy Jagwe, to frustrate the expeditious execution of a sh3.3b court award. 

Mugambe's call was preceded by Kavuma's lawyer Enos Tumusiime, who said the case had been overtaken by events, after the Court of Appeal scheduled April 27th as hearing date of Jagwe's appeal. 

But Bugingo's lawyer Peter Allan Musoke, insisted that High Court hear the case, based on its merits as at the time it was filed. 

Accordingly, Mugambe scheduled April 5th for cross-examination of Nizeyimana, noting that the option of an amicable settlement should be explored, in light of the Court of Appeal hearing date. 

"In good measure, have a meaningful discussion, given the development" Mugambe said. 

Bugingo, who was present, claims Kavuma issued several interim court orders to frustrate execution of the award. 

The court award against Jagwe, was for trespass on a 1000acre piece of land in Lwensololo village, Mubende. The land is comprised in FRV HQT Folio 7 Block 427 Plot 380. 

Jagwe is challenging the award to Bugingo, after court ruled that he had trespassed on the land. 

In the affidavit, Nizeyimana refutes claims of Kavuma's bias, saying as administrative head of the Court of Appeal, Kavuma schedules hearing of cases appropriately.

Bugingo-Jagwe row 

In 2014, Bugingo sued Jagwe and 22 others over trespass on his land. 

Later, the 22 claimed Jagwe was mastermind of the fire that gutted his farm and commercial tree plantation. 

Justice Andrew Bashaija awarded Bugingo sh3.3b in damages, at 25% commercial rate from June 2014 until full payment. 

Subsequently, Bugingo proceeded to the executions and bailiffs division of the High Court. However, Jagwe's lawyers from Katende, Ssempebwa & Company Advocates, applied to halt execution. 

Justice Flavia Anglin halted, fixed hearing for May 9^th last year, and advised on an amicable settlement. Kavuma however set hearing of the application for May 6th. 

Bugingo Musoke and Swabur Marzuq raised a preliminary objection, branding the application incompetent. 

Bugingo laments that when the ruling was scheduled for May 31, the interim order was extended and an indication that his lawyers were present, whereas not. 

The Court of Appeal order has since been extended to February 17^th. Bugingo explained that he could not petition the Judicial Service Commission at the time because it was not constituted. 

Bugingo is also a commercial tree planter, and cattle keeper in the adjacent 2.5 square mile piece of land.