Ndeeba Church land case referred back to Justice Ketirima

COURT|RELIGION|CRIME 

KAMPALA - Justice Henry Kawesa has referred St. Peter Ndeeba Church's case to a high court judge, who previously handled it.

In a ruling delivered, Kawesa said in law matters of judicial review should be handled by the judge, who made the orders, or decree in question.

"Since the trial judge is available at the Land Division of the High Court. It is prudent that the application for review is made before him," he said.

Kawesa, has, therefore, forwarded back the file to the registrar to transmit it to the trial judge, also his boss, Justice Eudes Keitirima, to handle the application, saying it falls in his jurisdiction.

The judge noted that the application before him has changed from an application to set aside a judgment to a contemplated application for review.

"Under rule 0.46 R 1 Civil Procedure Rules, an application for review of a decree or order of the court shall be made to the judge who passed the decree or order sought to be reviewed," he said.

Lawyer James Nangwala had asked the judge to disqualify himself from the case, saying he is a bishop and likely to be biased in his decision.

The lawyer felt that by the judge being a Bishop, he could not be fair since the matter has attracted a lot of interest from different parties including a church.

Kawesa is the founder and vision bearer of Gospel Power and Truth Ministries International. He is the general overseer (Bishop) of Power of God Worship Center Churches worldwide.

Nangwala represents the respondents in the matter. They are Dan Ssemwanga, John Kajoba, Edward Balunga, and Steven Nakibinge, the administrators of the estate of the late Evelyn Nachwa.

However, the judge dismissed the lawyer's application, saying those are blanket allegations. He said the party did not adduce evidence to the effect that he is likely to be biased.

"The application for recusal is misconceived, contemptible, and an affront to me as a judicial officer. The application to rescue is therefore misplaced and is rejected," he ruled.

Kawesa added, "The parties are afraid of my decision, which they know will be shrouded in integrity, which they seem to fear and are determined to evade by wild allegations. I reiterate my commitment to fairness and to my integrity in all matters without fear or favour".

The judge said recusal of a judicial officer touches the integrity rating of the said officer and must therefore not be taken casually.

"It takes time to build a career and integrity. Anyone who attempts to question on the same cannot be allowed to casually stand up in court and hold down the confidence others have in the judicial officer as a result of the figments of his own imagination," he warned.

He explained that judicial bias is usually not enough to disqualify a judge from presiding over a case unless the judge's bias is personal or based on some "extrajudicial" reasons.

Grounds

Petitioner Lucy Nsubuga, the widow of Namirembe Bishop, Dunstan Nsubuga had applied to court to have the judgment of Justice Keitirima delivered on August 6, 2019, set aside and the case be reinstated and heard on its merits.

Lucy Nsubuga says she has never instructed lawyer Ambrose Tebyasa or his law firm to represent her in the matter.

"I was not aware of the evidence tendered in court and I have never signed an affidavit or witness statements in regard to the matter," she said.

Lucy Nsubuga also claims that Tebyasa lied to court that she refused to appear to give evidence and submitted a forged witness statement containing false evidence.

She maintains that the disputed land belongs to the Church of Uganda (CoU) and the title was registered in her husband's name and any evidence to the contrary is unfair and wrong.

"I was not given chance to appear in court to take part in the proceedings and never notified on the court decision," she claims.

The Police in conjunction with operatives from the State House Anti-Corruption Unit recently arrested Dodoviko's lawyer Tebyasa in connection with the demolition of the church.

Tebyasa is accused of ‘fraudulently representing defendants (representatives of trustees of the Church) in a civil suit without allegedly seeking their instructions. However, he has never been charged in the courts of law.

Criminal court

Dodoviko and 22 others are currently battling charges of theft, disobedience of lawful orders, malicious damage to property, and conspiracy to commit a felony before Makindye Chief Magistrates' Court.

The others include Ivan Katongole, a Kampala Capital City Authority (KCCA) Urban Planner, SSP Rashid Agero, the Field Force Unit (FFU) commander Kampala Metropolitan area, SP Martin Odero, the FFU Kampala Metropolitan South zonal commander, and SP David Epedu, the Katwe Police Divisional commander.  

Others are Isabirye Kaloli, attached to FFU, Katwe, ASP Mugira Yeko Kato, the OC Station Ndeeba Police Station, AIP Anthony Kiro and CPL Richard Kasule, Ali Lubega, Badiru Ssekitto, Hamza Kiberu, Abas Mutebi, Ali Kalika, Simon Matovu, James Kisirinya, Bashir Muruti, Andrew Mujuzi, Munir Bbosa, Muhammad Kawooya, KCCA civil engineer Richard Naika, and Ali Mukwaya, a Muganada Gombolola Internal Security Officer.

The prosecution alleges the accused between March 2020 and August 10, 2020, conspired to demolish St. Peter's Church Ndeeba, the property of CoU.

The police officers face a separate charge of disobeying lawful orders of Commissioner of Police, Moses Kafeero, to deploy police guards at the church to avert any possible demolition.

However, the rest of the suspects are accused of using an excavator to break and damage the church at midnight on August 10, 2020. They are also accused of stealing chairs, doors, and assorted property of the church.