UGANDA, Wakiso | Real Muloodi News | Mrs Rosemary Kiiza Omamteker, the proprietor of Entebbe Junior School has sued Entebbe Police Officer in Charge (OC), Kassim Mambo, for alleged forceful arrest in a land encroachment case.
In her petition filed before the High Court Civil Division, Ms Omamteker and four others are seeking a declaration that the actions of the respondents and their agents of forcefully arresting them on April 3, 2022 constitute an infringement and a violation of their fundamental and human rights.
The plaintiff, Mrs Omamteker, is seeking an order of compensation at USh65 million for the forceful entry and compulsory acquisition of her land, and USh10 million for violation of their rights to property, livelihood, environment and economics.
The respondents in the case are police boss Kassim Mambo, prominent Entebbe businesswoman, Peace Barigye, and the Attorney General (AG).
Mrs Omamteker is also seeking a declaration that the Ms Barigye’s act of forcefully taking and constructing on her land located at plot Plot 31A Uringi Crescent, Entebbe in Busiro County, Wakiso District without compensation are a violation of her right to property, livelihood and economic rights which are enshrined in the constitution.
In a separate but related case heard earlier this month by Justice Bernard Namanya of the before the High Court Land Division, Mrs Omamteker testified that Ms Barigye grabbed her land, despite negotiations.
Mrs Omamteker says she surveyed her property in January 2021 and found that Ms Barigye, who owns the neighbouring property at Plot 31B, had begun construction of a building that had encroached 1.5 metres into Mrs Omamteker’s territory.
The surveyor’s report explained that Plot 31A and its estate measuring 0.101 hectares is precisely similar to Omamteker’s title print, and advised that the land encroachment should be handled privately by the two parties. But but Mrs Omamteker says her efforts to resolve the matter with Ms Barigye have proved to be fruitless.
“At first, she agreed when I showed her a survey report pertaining to the land, but she later turned against me and began constructing,” Ms Barigye told the court.
“On several occasions we tried to reach out to the defendant (Ms Barigye) to stop encroaching and trespassing on my land, but it was all in vain,” Mrs Omamteker added.
Mrs Omamteker also informed the court that she had urged Ms Barigye to pay for the area of land she had encroached on, but that she had declined and instead had started building a gate on the access road, hence preventing Mrs Omamteker from accessing her plot.
“We share the access road to our respective plots of land, but with arrogance Ms Barigye blocked us from accessing our plot by constructing and putting up a gate,” said Mrs Omamteker.
Mrs Omamteker’s lawyer, Lillian Omurangi, asked the court to force Ms Barigye to leave Mrs Omamteker’s land, destroy the illegally built structures, and pay her for damages with interest at 25 percent.
The layer also asked the court to issue an order restraining Ms Barigye, her agents and legal representatives, from entering, taking possession, trespassing, constructing or doing anything on the contested land, pending determination of the case.
Ms Barigye was supposed to be present for the hearing, but did not show up.
In her follow up petition filed before the High Court Civil Division, Ms Omamteker narrated that on March 6, Mrs Barigye beat her and her daughter Michelle Omamteker using pegs, thus causing injuries which act amounted to torture and violation of their rights. Mrs Omamteker said she reported the case to Entebbe police on March 6, but no help was rendered.
Mrs Omamteker further stated, “On April 3, the second to fifth applicants (Nicholas Bukenya, Perry Oguda, Jerry isan Magembe and Abdulakim Kimbugwe) were illegally arrested by the respondents while carrying out works of fencing part of their piece of land without regard to our human rights and dignity,”
According to court documents, the respondents’ alleged unlawful encroachment onto Mrs Omamteker’s land and the arrest of the plaintiffs without fair hearing amounted to derogation from the same.
Through their lawyer of Omongole & Co. Advocates, Mrs Omamteker states that the respondents’ wanton actions have caused them inconvenience, psychological torture, suffering and mental anguish.
Therefore, she seeking an order of compensation at USh65 million for the forceful entry and compulsory acquisition of her land, and USh10 million for violation of their rights to property, livelihood, environment and economics.
Court documents indicate that Mrs Omamteker ais also seeking an award of damages for the inconvenience, psychological torture and suffering occasioned to her and four others at an interest of 25 percent.
The trial judge, Musa Ssekaaana, has scheduled February 13, 2023 for the hearing of the case.
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