The Whole Process Was Illegal, High Court Nullifies Lusanja Evictions

The High Court has this afternoon nullified the court order evicting Lusanja victims in Wakiso district.

According to the letter signed by Hon. Justice John Eudes Keitirima, states that Medard Kiconco wrongfully evicted people form the contested land.

“The execution was a nullity basing on the fact that it was done a court without competent jurisdiction. Determining the merits and the demerits of the execution would therefore be superfluous.” The letter reads.

This decision comes just days after Parliament approved a Motion calling for the immediate compensation of the victims of the Lusanja evictions.

The motion moved by Hon. Mathias Mpuuga (DP, Masaka Municipality) on Wednesday, 12 December 2018 seeks to task Government to expedite investigations into the conduct of judiciary and police officers and other individuals involved in the illegal evictions, and bring the culprits to book.

The motion followed a debate on a report by the Attorney General, Hon William Byaruhanga on the final decision on the evictees which was presented on Tuesday, 11 December 2018.

“I would like to move a motion that Government compensates the people of Lusanja and reinstates them and prosecutes all individuals and agencies involved in this illegal eviction,” said Mpuuga.

Mpuuga in his motion said that the Attorney General had admitted that the eviction was issued by a magistrate who lacked jurisdiction to handle the matter and that it was executed without due diligence.

Mpuuga also called for provision of temporary shelter, food and water among other amenities to the evictees.

The Attorney General on Tuesday acknowledged that the civil suit filed at the Nabweru Chief Magistrate Court in January 2017 had been mishandled.

 “The matter proceeded without the defendants filing a defence and on 03 October 2017 the magistrate delivered judgment with orders declaring the defendants as trespassers,” reads the report by the Attorney General.

The Prime Minister told the House that the Ministry of Relief and Disaster Preparedness has been supplying essential relief items to support the Lusanja victims, as a permanent solution is sought for.

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