• Mon. May 23rd, 2022

10 Yr Land Dispute Between Businessman Mashemererwa and Kabale Municipal Council Ends

UGANDA, Kabale Real Muloodi News | A 10-year land dispute between local businessman Simon Mashemererwa and Kabale Municipal Council has finally come to an end.

In 2012, Mr Mashemererwa dragged Kabale Municipal Council to the High Court of Uganda at Kabale on allegations that the Council encroached on his land.

Mr Mashemererwa, through his lawyers Twikirize and Co. Advocates, claimed the Council built a road on part of his land located at plot 25 Jackson Road.

After entering into mediation with Mr Mashemererwa in 2015, Kabale Municipal Council authorities agreed to divert the road from Mashemererwa’s plot back to where it originally was, following the physical plan of the town.

Some 7 years after the mediation took place, the implementation of the consent agreement that resulted from the mediation finally began on March 25, when Kabale Municipal Council started the relocation of the road.

Emmanuel Sentaro Byamugisha, the Kabale Municipality Mayor, says Mr Mashemererwa recently informed the Authority about his plans to develop his land. Therefore the Municipality had to implement the agreed consent judgment to relocate the road passing through Mr Mashemererwa’s plot.

Mayor Byamugisha expressed his appreciation of Mr Mashemererwa for cooperating with the Municipal Council authorities and supporting them by fueling the tractors to relocate the road.

Mr Mashemererwa says that he had passed through all the lawful channels to reclaim the encroached section of his land. 

This is not the only time that Mr Mashemererwa has taken Kabale Municipal authorities to court.

In 2019, Mr Mashemererwa in his capactity as Chairperson of the Kabale Central Market Traders Association (KCTA), filed a suit accusing Kabale Municipal authorities for demolishing Kabale Central Market in disregard of a court order.

The demolition of the market was to pave way for the construction of a new market under the Markets and Agricultural Trade Improvement program – MATIP III.

Mr Mashemererwa’s main application had sought an interim injunction, stopping the eviction of traders and subsequent razing of the market by the municipality authorities, which did not involve the leadership of KCTA.

Justice Moses Kawumi Kazibwe found the municipal authorities guilty of disobeying a lawful court order by demolishing the market against which an interim order had been made.

He ordered the Kabale Municipal authorities to pay USh100 million to KCTA as general damages, and USh50 million as a sanction for contempt of court.

Simon Mashemererwa expressed joy at the ruling, saying that the court has considered the outcry of the traders.

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