Court issues injunction on Muyenga land

By Glorias Musiime

THE High Court has issued a temporary injunction in a land case involving two city tycoons in Muyenga, a city suburb.

The order stated that Asuman Kibowa of Bismillah Trading Limited’s existing access to his residence shall be maintained by removing all blockades whether by building materials or any other movable items, whether brought on the site by the respondent or any other party not party to this suit.

“The Applicant shall not itself do any act or construction such as putting back tarmac, or construction of the suit land until the orders of this court in the head suit,’’ the injunction read in part.

It adds that the court orders that the reopening of the access shall be supervised by the land protection unit of the Uganda Police to ensure that law and order is maintained.

However, the court said that the injunction shall last only up to 29th May 2015 when the head suit should have been disposed of and shall be subject to extension on satisfaction of this court that the applicant (Falcon Estates) is fast-tracking the head suit.

Kibowa says he has been using the land for over 40 years  so, he cannot just be blocked while Alwi says he bought the land and everything that was found on the land must be his plus the easement.

However, two weeks ago, Kibowa blocked access to the land with his car, blocking the tractor which was working to stop the constriction. Bernard Mugerwa the DPC Kabalagala ordered for his arrest and he was taken to Kabalagala police station for ignoring a court order.

On 7th April the deputy Registrar –Land division issued a status quo for the both sides not to use the land until the matter is solved by the court and were advised to sit on the same table and solve the matter.