LAWYERS ASK COURT TO DISMISS BUKITAREPA’S SUIT AGAINST BUNYORO DISTRICT LAND BOARDS
By Yosam Gucwaki
Lawyers for the seven district land boards in Bunyoro sub regionhave asked the high court Masindi to dismiss the case in which Bunyoro Kitara reparations agency sued them for issuing land titles on the land they have never owned saying that it has no grounds.
In 2016, Bunyoro Kitara Reparations Agency (BUKITAREPA) dragged the seven district land boards of Bunyoro to court seeking court to cancel all land titles issued by the district land boards in Bunyoro. They include Masindi, Hoima, Kibaale, Kakumiro, kagadi, Kiryandongo and Bulisa.
In May 2017, BUKITAREPA also applied for an interim order seeking court to stop the seven district land boards from issuing land titleswhich was granted by the then Registrar, Acio Julia,stopping the seven district land boards from issuing any land title. The same order was lifted late this year.
On 25th April 2018 the case appeared before the Masindi resident Judge, Justice Albert Rugadya Atwooki for hearing.
However, lawyer Simon Kasangaki, who represented the Masindi and Kiryandongo district land boards asked court todismiss the case with costs explaining that BUKITAREPA did not specify the type of titles which should be cancelled adding that they did not also specify the people who are owning title which should be cancelled.
Kasangaki also told court that the plaintiff did not give particulars of fraud and did not show cause of action because they did not tell court the area of land being talked about and the people whose interest is being talked about
Ronald Mugisa, the lawyer representing Hoima district land board, also asked court to dismiss BUKITAREPA’s suit arguing that BUKITAREAPA failed to tell court the location, size, threats accruing from the acts done by the district land boards and the number of titles which are supposed to be canceled.
However, Chrispus Ayena Odongo, the lawyer representing BUKITAREPA, says that the case doesn’t require any dismissal noting that the entire Bunyoro where district land boards have issued land titles have been affected.
He added that district land boards have no powers to issue land titles on customary land.
Doviko Batwale, the chief coordinator Bunyoro Kitara Reparations Agency, says that they need the district land boards to explain where they acquired land they have been issuing to non indigenous banyoro. He also adds that this is a case of national importance since the of commission of land inquiry recommended that all titles issued by the district land boards be cancelled national wide.
Justice Rugadya Albert Atwooki set 13 July 2018 as the date he will deliver his judgment
Source: www.mknewslink.com a greater western Uganda news website