UGANDA, Namugongo | Real Muloodi News | A real estate dealer, Mr Yusuf Ssemakula, has taken legal action against four State House Anti-Corruption officials and the government.
The real estate dealer has sued the officials and the government for general damages worth USh1 billion over the contempt of a court order.
The four officials named in the lawsuit are Jackson Tweheyo, Moses Lukyamuzi, Henry Isoke, and Justus Twinamasiko, and they are being sued alongside the Attorney General (AG).
According to the court documents filed on February 7th 2023, Mr Ssemakula accuses the defendants of violating his right to ownership and peaceful possession of his land located in Kyadondo at Namugongo, which he claims amounts to an abuse of power in their official capacities.
Mr Ssemakula is seeking a declaration from the court that the conduct of the four officials, who were purporting to investigate the matter that had already been resolved by the High Court, Court of Appeal, and Supreme Court, constitutes subjudice, jeopardy, and res-judicata.
“A declaration that four officials are not fit and proper persons to hold any positions in any public office while AG is vicariously liable for some of the actions and omissions of the officials that they committed in their official capacity,” the plaint reads in part.
Mr Ssemakula is also seeking a declaration from the court that the four officials are not fit to hold any public office positions, and that the AG is vicariously liable for the actions and omissions of the officials in their official capacities.
The land in question has already been the subject of a legal dispute in the High Court, Court of Appeal, and Supreme Court, and the registered proprietors were found to be Hajji Musa Muyingo and Mr Eric Kato.
After the legal dispute was concluded, a woman named Hellen Namazzi took legal action against Sulait, Banadda Kayondo Kiwanuka, and the Commissioner of Land Registration in the High Court.
The court declared Kayondo as the rightful registered proprietor and Ssemakula as the lawful and bona fide purchaser.
“Upon receipt of the Supreme Court judgment and decree duly cleared, all the court orders by all the relevant offices including but not limited to the Inspector General of office, Criminal Investigation Directorate, land protection unit,” Mr Ssemakula states.
“That before the execution of the said order, the RDC-Kira Municipality together with other Security Committee held a security meeting on December 28, 2022 in regards to the implementation of the court orders which was attended by counsel of both parties wherein the RDC ordered that each party remains in their respective occupancy as per the court orders and guidance by the IGP,” he added.
However, Namazzi’s appeal was dismissed by the Court of Appeal and Supreme Court due to insufficient evidence.
Upon receipt of the Supreme Court judgment and decree, Mr Ssemakula went on to clear and grade his land to develop and sell some of his 25 plots, as he is a real estate dealer.
However, the four officials in question allegedly stopped him from developing, selling, and using his land, and are using their positions and offices to harass and interfere with his constitutional right to own land and enjoy peaceful possession.
The court has summoned the accused officials to file their defence within 15 days.
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