Entebbe land trespass case hearing deferred to January 29

The Entebbe Chief Magistrates Court has deferred to January 29, 2024, the hearing of a case in which businesswoman Peace Barigye is accusing a man of trespassing on a disputed land in Entebbe. 

The contested land worth over sh500m is situated at Uringi Crescent, in Busiro County, Entebbe Municipality, Wakiso District. 

The court presided over by Chief Magistrate Stella Maris Amabilis adjourned the case because the Chief State Attorney handling the matter, Annet Janet Nabulobi, was indisposed. 

This prompted the magistrate to adjourn the case to January 29, 2024, for further hearing. 

However, the complainant Barigye was not present in court.

The accused person was represented by counsel Richard Omongole, Kituuma Magala, Philip Aryatuha and Herbert Chesiyey. 

In October, two prosecution witnesses clashed in court when they made contradictory statements. 

In her complaint, Barigye told the court that she was present at the scene when Yunus Magom allegedly trespassed on the disputed land. But another prosecution witness, Martin Musinguzi, a boda boda rider, rubbished the claim. 

Musinguzi told the court that Barigye was not at the scene when Magom allegedly trespassed on the land. 

Barigye said at about midday on September 7, 2022, Magom trespassed on her land. 

“On that day, I saw Magom and three other men carrying stones using a wheelbarrow. I told him to leave, but he refused, saying he was fighting for his father’s land.” 

Barigye said she then contacted the Police who went to the scene and arrested Magom. 

But when Musinguzi took the witness stand, he told the court that Barigye was not at the scene when the incident happened. 

Musinguzi said on the said date, he was at Kabuye Complex Stage at 5:30 PM when he saw three men, a woman and a girl inside the gate next to Barigye’s house. 

The boda-boda stage is opposite the land in question. 

Musinguzi said the group came pushing a wheelbarrow with stones in it. 

Asked by Chief State Attorney Nabulobi whether Barigye was at her home at the time, Musinguzi said she was not there. 

He said Barigye returned home 30 minutes after the accused (Magom) and his colleagues had left. 

The next day, Musinguzi said Barigye called him from the stage to her home from where a policeman recorded a statement from him. 

 Cross-examination 

In cross-examination, defence lawyers Arytuha and Chesiyey asked the witness to explain at what time he saw five people ferrying stones from businesswoman Rosemary Kiiza Omamteker’s to Barigye’s compound. 

“Your statement indicates that at around 5:30 pm, you saw three men but the complainant said she saw them at midday. We want to ascertain who was there and who was not,” Aryatuha sought clarification. 

However, the witness did not answer the question after the magistrate insisted that the question should have been posed to the complainant (Barigye). 

Aryatuha informed the court that they had a challenge with the authenticity of the document presented in court (an internal memo) and wondered how it landed in the hands of the complainant (Barigye) yet she is not an employee of the Ministry of Lands. 

This prompted the magistrate to summon the author of the document from the Ministry of Lands to appear in court. 

Previously, the court directed Barigye to present her original land title but she presented a letter from dfcu Bank indicating that it’s holding it as security. 

High Court 

Omamteker has since sued Barigye in the Land Division of the High Court in Kampala, accusing her (Barigye) of trespassing on the disputed land. 

Omamteker told the court that she is the registered owner of the land, having possessed a certificate of title for the same in 2010. 

The land located on Plot 31 on Uringi Crescent in Entebbe measures approximately 0.101 hectares (0.249 acres). 

Omamteker said in January 2021, she embarked on surveying her land and in the process, she discovered that Barigye was sitting on Plot 31B and had started building a structure on her property. 

However, the survey discovered that Barigye had allegedly encroached 1.5 meters by structure and had fenced off more than 10 square meters onto her (Omamteker’s) land. 

Omamteker contends that she shares an access road to their respective plots of land with Barigye, but she has with arrogance erected a gate on the access road, hence preventing her from accessing her plot.