The High Court in Mukono has set a trial date for the land argument involving the Uganda People’s Defence Forces (UPDF) soldier, Major Mark Wanyama and Mukono businessman, Jackson Twinamasiko, after the failed mediations.
The two have, since 2019, been in the limelight over the contested seven acres of land comprising Kyaggwe Block 494 Plot 9 at Mbeya Island.
Twinamasiko took legal action against Lutaaya for reselling seven acres to Major Wanyama, even though he had previously purchased it from her for Ugx70 million.
The land originally belonged to Francis Tyaba, who lives in the USA, but had given Lutaaya power of attorney to handle the transaction.
Later, Major Wanyama forcefully evicted the businessman, which compelled him to go to court for redress. Later, Wanyama also filed various counteraccusations.
However, at the end of March last year, the two agreed to sign a consent to consolidate all the applications arising from the main lawsuit where Twinamasiko accused Wanyama, alongside Joyce Lutaaya, the legal attorney of the landlord, Francis Tyaba, of deceitful dealings.
The then Lady Justice Florence Nakachwa Dollo, who was handling the matter, allowed the two parties sufficient time to create a memorandum based on the main lawsuit.
Upon agreeing to enter into mediation, Justice Nakachwa also assigned the case to the Assistant Registrar, David Wangutsi and instructed him to arbitrate and oversee the withdrawal of the applications. Wangutsi declared interest, and it was later allocated to Prof. Andrew Khaukwa.
However, the arbitration, which was expected to take one month, was frustrated by Major Wanyama, who appeared once and never returned.
After three months of waiting, the arbitration was closed and the matter sent back to court for trials. It has been pending since the promotion of Justice Nakachwa to the Court of Appeal until it was allocated to Justice Mary Kisakye Kaitesi.
On Friday, the case appeared for mention, however Major Wanyama or his lawyer, George Muhangi, did not appear before the court.
The plaintiff, Twinamasiko who was present before court, through his lawyers led by John Burung, asked for some more time to complete the joint schedule of memorandum.
Lady Justice Kaitesi directed that the joint schedule of memorandum be ready and submitted by June 24, before adjourning the matter to July 3, for scheduling and hearing.
Before going into the failed meditation last year, the two parties agreed to sign a consent that the main suit No. 215 of 2019 be consolidated with Civil Suit No. 83 of 2023; Mark Wanyama V. Jackson Twinamsiko, Francis Tyaba and Commissioner of Land Registration.
It was also agreed that the status quo in the contested seven acres of the suit land off land comprised in Kyaggwe Block 494 Plot 9 land at Mbeya be maintained by restricting both parties and their agents or employees from; accessing, using, selling, transferring, digging, constructing, dealing and in any other way interfering with it until the hearing and final determination of the main suit.
The consent also allowed the parties or their representatives to harvest their seasonal crops, if any, on the disputed land, but prohibited the planting of new crops or engaging in other activities on the said land until the final determination of the matter.
Background
Businessman Twinamasiko made payment for the seven-acre land at Mbeya Island, disbursing a total sum of Ugx70 million. This financial transaction occurred on two separate occasions, precisely on November 6 and 20, 2019.
Twinamasiko executed these payments via his DFCU bank account, with the recipient being Lutaaya’s Nino Boutique account, held at Standard Chartered Bank.
Surprisingly, subsequent events unfolded with a disheartening twist. Lutaaya, in a distressing turn of events, allegedly entered into collusion with Major Wanyama, ultimately leading to Twinamasiko’s eviction from the land.
The motivation behind this collaboration seemed to revolve around the enticing offer of an additional Ugx5 m for each acre of land transferred from Twinamasiko’s ownership to Major Wanyama’s.
Shockingly, Major Wanyama resorted to aggressive measures to secure the land. He then forcefully occupied the property, deploying armed military personnel to prevent Twinamasiko from accessing or utilising it.
Furthermore, the senior army officer’s actions resulted in significant property damage and destruction, including injuries inflicted upon the casual workers at Twinamasiko’s farm.
Twinamasiko took proactive steps to address the issue by reporting it to the police. He filed a civil suit at the Mukono High Court to seek a legal resolution.
However, it is noteworthy that during these legal proceedings, it was only Wanyama who appeared before the authorities to provide a statement in response to the accusations of fraudulent land dealings.
Remarkably, despite the persistent issuance of summons and legal procedures, Joyce Lutaaya has since exhibited a noticeable lack of concern.
She has shown little response to the ongoing legal proceedings, and law enforcement authorities have not taken proactive steps to visit her at her boutique.
