Why court registrar withdrew from Muhwezi land case

May 11, 2018

Last week, former minister Jim Muhwezi was evicted from the land by court bailiffs led by Sarah Komugisha. The land was then handed to James Mubiru.

COURT

KAMPALA - Former health minister Maj Gen. Jim Muhwezi is seeking orders to block an eviction from a piece of land in Makindye, citing conflict of interest.

But High Court registrar Deo Nizeyimana has withdrawn from the case.

He said he could not preside over a case where his friend, a one William Hitimana, was mentioned several times.

According to court documents, it is Hitimana who purportedly sold the land to the retired army general.

The registrar referred the matter to Justice Paul Gadenya, for hearing on May 16.

Nizeyimana also directed that the status quo be maintained until disposal of the case. The disputed land is comprised of Block 273 Kyamula-Salaama, Makindye.

Last week, former minister Muhwezi was evicted by court bailiffs led by Sarah Komugisha. The land was then handed to James Mubiru.

A court order seen by New Vision had directed the eviction of Hitimana and his agents from the land, but when court bailiffs went to carry out the assignment, it was Muhwezi who came up, claiming to be the owner.

"You are hereby directed to remove Hitimana and their agents/servants from the property. Also you are authorised to demolish any house that is built in that plot of land," said the court order.

However, dissatisfied with the order, Muhwezi petitioned the execution division of the High Court, seeking court to quash it. He filed the case through his lawyer Ahmed Mukasa Kalule.

On Tuesday, Kalule submitted a supplementary affidavit showing that he (Muhwezi) is the owner of the one-acre piece of land.

The affidavit was received by Nizeyimana. In his affidavit, Muhwezi said he was the rightful owner of the land, having purchased it from Hitimana in 1995.

"I have been peacefully staying on this land for the last 23 years until last week when court bailiffs attempted to evict me, basing on instructions of a one James Mubiru," he said.

Muhwezi said there was no existing order of the High Court in civil suit N0. 46 of 2013, holding Mubiru to be in possession of the property.

"Mubiru's pursuance of the current execution proceedings of the land with knowledge of previous order of court is an abuse of court processes," the former minister said.

He said his eviction from the land was premature, especially at the time when there were a number of pending court cases and staying orders before court.

Defending his action to evict Muhwezi, Mubiru said he sought court bailiffs' intervention on grounds that Muhwezi fraudulently obtained this land which Mubiru claims forms part of the estate he inherited from his late father, George Sekajugo.

Mubiru says he is the son of late Sekajugo and, therefore, the rightful beneficiary of the property.

He says he even registered the land with Buganda Land Board.

Shortly after court, Mubiru's lawyer, Yusuf Mutembuli, said although court had directed that the status quo be maintained, the army had since taken over the land.