UGANDA, Rubanda | Real Muloodi News | In a heart-wrenching saga that spotlights the vulnerability of landowners, especially the elderly, Ms Sikora Kokyenga, an 80-year-old woman, finds herself at the centre of a bitter dispute over a 25-acre family land.
She makes a desperate plea to President Museveni, hoping for a direct intervention to avert potential eviction, a threat looming large following what she deems an ‘unfair court ruling.’
“President Museveni, help me! I am bleeding, your courts have chosen to torture me. They are siding with my tormentors. I am homeless! What I need is a small home where I can spend the rest of my life. My land is being taken by grabbers who are conspiring with my only nephew,” a tearful Ms Kokyenga pleads.
Her harrowing tale unfolds in Kagunga Cell, Nyaruhanga Parish, Rubanda District, where, on September 26, 2022, she suffered a heartbreaking defeat in a trespass case against her nephew, Mr. Fulegensi Kanyamugara, at the Kabale Chief Magistrate’s Court.
Genesis of the Conflict
The roots of this dispute stretch back to Ms. Kokyenga’s family history. Mr Kanyamugara, a son of Ms Kokyenga’s late brother, Karasani Deziderio, initiated a legal battle in 2016, suing his aunt for trespass on the 25-acre land within the same village.
Both Deziderio and his sister, Ms. Kokyenga, inherited their parents’ property, including the contested 25-acre family land.
They jointly managed this land until Deziderio decided to relocate to Kibaale in the early 2000s, where he eventually passed away.
Following her brother’s death, Ms Kokyenga invited her nephew, Mr Kanyamugara, to manage the land together.
They processed letters of administration that bestowed equal powers to both parties for land management.
Mr. Kanyamugara was entrusted with managing his late father’s share, while Ms. Kokyenga continued to look after her portion.
However, in a shocking twist, officials from the Kabale High Court reportedly lost these vital documents, leaving Ms Kokyenga with no choice but to seek legal redress.
Disputed Land Sale
The legal feud ignited in 2016 when Ms Kokyenga sold 100 trees from the family land to the authorities of St. Adrian Seminary for UGX 5 million.
Mr Kanyamugara responded by taking her to court, demanding that she be declared a trespasser, a permanent injunction be issued against her, and that she pay both special and general damages, as well as the suit fees.
In a decisive ruling on September 26, 2022, Justice Gordon Muhimbise of Kabale High Court held Ms. Kokyenga guilty.
The ruling ordered her to pay UGX 5 million in special damages, coupled with suit damages calculated at 24% per annum from the date of the ruling.
The decision, which has since been disputed by Ms Kokyenga, residents, and activists, goes further to restrict her from making any alterations to the land without permission from the plaintiff.
This limitation has left her in an incredibly precarious position, as she now grapples with the very real threat of homelessness.
In a passionate appeal, Ms. Kokyenga protests the ruling, calling it “too unfair” because it infringes on her rights as a beneficiary of the land.
She expresses her frustration, stating that the court’s demands for compensation seem impossible to meet, given her challenging circumstances.
The ruling has, in her view, robbed her of the opportunity to benefit from the land as one of its rightful owners.
Ms Kokyenga also highlights the considerable time lapse between her nephew’s visits to the land – first in 2005 and subsequently in 2016 during the contested tree sale.
She emphasises her role as an administrator and co-owner of the land, underscoring the joint application and the unfortunate loss of the original documents by the judiciary.
Calls for Justice
Residents and activists are outraged by what they perceive as an unjust ruling against Ms. Kokyenga.
They argue that the court’s decision seems to favour her nephew, who had legal representation, while she represented herself.
They question the fairness of a verdict that they view as having an imbalance of power.
They voice their concerns about possible hidden agendas, suggesting that land grabbers may be manipulating Ms Kokyenga’s nephew as a front for their interests.
In a press conference last week, Ms. Kokyenga, alongside human rights activists and other elders, openly accused the judiciary of making a biased decision, despite her role as a co-owner and administrator of the land.
She maintained that the lost letters of administration underscore her inability to provide concrete proof of her rights.
The missing documentation was addressed in a letter dated July 25 from Mr. Henry Twinomuhwezi, the Assistant Registrar of Kabale High Court, to the Regional SOCO of Kigezi Police.
The letter acknowledges the absence of Administration Cause No. 071/2005 from the court’s archives and even mentions the attempt to trace the file during the relocation of the Kabale High Court in 2005.
Judiciary spokesperson Mr James Mawanda confirmed this unfortunate incident, promising a concerted effort to recover the missing file and restore justice in the matter.
The ruling has had a chilling effect on the community’s well-intentioned efforts to help Ms. Kokyenga construct a new home.
The court’s decision has left her and her supporters feeling helpless and impotent in their mission to provide her with a place of shelter and security.
The community has rallied behind Ms. Kokyenga, urging various state actors and legal organizations to intervene and provide the necessary support.
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