MASINDI HIGH COURT DISMISSES NFA, OMUKAMA CASE

By Yosam Gucwaki
www.mknewslink.com
In Masindi
Masindi high court yesterday dismissed the case which was filed by National Forestry Authority (NFA) against the Omukama of Bunyoro Kitara Kingdom and Hoima sugar limited.
In 2016, NFA dragged Solomon Gafabusa Iguru, Hoima Sugar limited to Masindi high court for alleged encroachment and degradation on Bugoma forest reserve in Hoima district.
NFA also accused the King of fraudulent concealment when he allegedly silently applied for a free hold title for part of the forest which was granted by Uganda land Commission (ULC). The Omukama was jointly sued with the Uganda land Commission.
The forestry authority was seeking a court declaration that the Kings stay and utilization of the forest reserve is illegal and amounts to trespass.
The land in question is located on plot 216, Buhaguzi block 2, Hoima currently held by Hoima sugar limited.
However, Masindi high court which was presided over by the Visiting Judge Musalu Musene dismissed NFAs case noting that the Omukama is the rightful owner of the disputed land since it is among the 73 restituted properties which were returned back by government.
Quoting the letter written by Mayanja Nkangi, the former chairperson Uganda Land Commission, Musene indicated that according to the list of the restituted properties Kyangwali ancestral land is number five.
The Omukama was represented by Counsel Robert Irumba and Simon Kasangaki and Hoima sugar was represented by James Nangwala while Joseph kwesiga represented NFA.
James Nangwala the counsel for Hoima sugar limited welcomed the judgment saying that it was a deserved and commended the Judge for making the judgement basing on the facts which were presented. However he expressed his disappointment over the judge denying them costs for the general damages.
Joseph Kwesiga, the lawyer representing NFA explained that they were not contented with the judgment arguing that they are going to appeal immediately.

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