The High Court in Masaka will on August 17, it will issue its final ruling in the case where herbalist Dr. David Senfuka is accusing Fred Nyenje the Chairperson LCV Bukomansimbi District and Fred Kalema, the Deputy RDC Bukomansimbi, and the Attorney General Kiryowa Kiwanuka, for rallying residents never to pay a single annual subscription fee (Busulu) to him.
Through his lawyers of M/s Katusi & Lamunu Advicates, Dr Ssenfuka on April 27, dragged the trio in Court accusing them of inciting residents (Bibanja holders) against paying an annual subscription (Busulu).
The contention is on a two square kilometer land located at Budda village, Kisojjo Sub County in Bukomansimbi district.
According to the Suit, Nyenge and Kalema, while addressing the residents reportedly said that Dr. Ssenfuka has no rights over the contested land and incited the residents not to allow the Plaintiff step foot thereon.
“As a result of the incitement of and by the 2nd and 3rd Defendants of the residents of Budda against the Plaintiff, the Plaintiff for fear of his life cannot step foot on his land and more portions of his land are being taken by persons who are unknown to him,” it states
In the year 2021, the Plaintiff filed two suits, No. 084 of 20211 and No. 085 of 2021, in the Chief Magistrate’s Court of Masaka against some of the occupants on the land seeking, among others, declarations that over 600 people “occupied it illegally since they are neither bona fide nor lawful occupants,” reads part of the Suit.
It added, “The persons against whom the Plaintiff filed the said suit, which is still pending hearing and disposal, sought the political intervention of the 2nd and 3rd Defendants and indeed the 2nd and 3rd Defendants, while well knowing that the matter was still pending in Court and therefore sub judice, convened a rally of all the residents of Budda on the 8th day of March, 2022 and at the said rally made very damning accusations against the Plaintiff and incited the said residents of Budda against the Plaintiff,” it adds.
He in the Suit asked Court to declare that the trio violated the sub judice rule.
“A declaration that the utterances made by the Defendants against the Plaintiff were meant to and actually incited the people on his land against him and put his life at risk of harm and permanent injunction restraining the Defendants and their subordinates from commenting about the Plaintiff’s suits against some people on his land in Budda,”
While hearing the Case, Julius K Borole, the Masaka High Court registrar asked Dr. Senfuka to put in his final submissions on July 7, before the defendants file in the rejoinder on July 11.
Speaking to reporters shortly after, Dr Senfuka said that the RDC and his colleagues have exceeded their limits.
“We are all Ugandans and deserve equal treatment, RDCs should sensitize the people in a proper way other than rallying residents against land owners,” he said.
Leaders, he said are fueling, and wrangles, “because they come as mediators and instead take sides,”