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Court Maintains Interim Injunction for Masaka Children’s Park

Masaka Children’s Park. Image source: The Daily Monitor

UGANDA, Masaka | Real Muloodi News | A court in Masaka has upheld an interim injunction, prolonging the halt of Masaka City authorities’ attempts to assume control of the disputed Children’s Parkland until a final decision is reached in the ongoing legal proceedings.

The legal dispute emerged when businesswoman Sylvia Nagujja Lutta took Masaka City Council to court, seeking to prevent them from taking over Plot 64-74 on Elgin Street in Masaka City until the primary application is resolved.

Deputy Registrar of Masaka High Court, Julius Burora, confirmed the extension of the injunction after both parties appeared before the court on Monday. This decision follows a previous interim injunction issued on September 8, which restrained Masaka City Council and its representatives from initiating any developments, transactions, or transfers concerning the Children’s Park while the main application was pending.

The extended injunction will remain in effect until October 6, when a miscellaneous application related to the case is scheduled for further court proceedings.

Before the legal dispute, vendors had been utilising the disputed land, which was designated as the Children’s Park, until August 11 when they were relocated to a new market.

Sylvia Nagujja Lutta, the applicant in this case, claims ownership of the land based on a title deed she acquired in 2011 as part of her share in the estate of her late husband and that of former Kampala businessman Francis Kakumba.

Her lawyer, Mr. Sam Ssekyewa, expressed concern over the actions of a group of city leaders who organized the destruction of the fence erected by his client on her property. This prompted their legal action to secure the injunction, and they await the final resolution of the case.

In response to the ongoing legal battle, Mr Mathias Mpuuga, the Nyendo/Mukungwe Municipality MP and Leader of the Opposition in Parliament, expressed his commitment to respecting the court process.

He emphasised that public land should not be allocated irregularly to private developers and that leaders are dedicated to reclaiming several public properties allocated under unclear circumstances.

The controversy surrounding the Children’s Park began on August 12 when unidentified individuals enclosed the park with iron sheets. This move sparked protests from residents and area legislators, who asserted that the land rightfully belonged to the city council.

City residents subsequently dismantled the fence, which was reportedly erected by businesswoman Sylvia Nagujja Lutta.

According to a September 1 search report signed by Jannat Nabuuma, the senior registrar of titles for commissioner land registration, the land in question (Elgin Road Masaka Municipality Plot 64-74) still holds a running lease of 99 years and 11 months issued on January 1, 1959.

The owner of the land is identified as Masaka Town Council (currently city council), a body incorporated under the urban authority’s Ordinance, registered on November 13, 1961, under Instrument No.151182.

The lease is set to expire on December 1, 2058, as indicated in the report.

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