By Kabuye Ronald
Lawrence Kiggundu the administrator and beneficiary of the estate of the late Andereya Mugerwa who was the proprietor of land comprised in Busiro Block 327 plot 905 measuring 1.68 hectares (112 acres) situated at Nabbingo, Bataka village in Kyengera Town Council has dragged the attorney general, state minister for lands Dr. Sam Mayanja and Tumwebaze Primah, the assistant private secretary to the president to high court civil division at kampala seeking for orders to quash the second and third respondent’s orders and reports respectively on his land.
Kiggundu in his petition filed through his lawyers M/S JP Baingana and Associated Advocates wants an order of mandamus issued against the respondents to call and quash and declare as null and void or otherwise illegal and or nullity the report of Tumwebaze Primah vide; DLM 552/12/022 intermeddling with the estate of the deceased person – estate of the late Andrea Mugerwa, late Israel Musoke, late Charles Ssali and other formerly residents of Nabbingo, Nsangi, Wakiso district contrary to the rule of sub judice Vide Civil suit No. 348 of 2018 with an existing order maintaining the status quo.
It should be noted that despite the existence of the valid court order maintaining the status quo on the said land, Minister Mayanja in February this year gave a directive to police to arrest the land claimant, Lawrence Kiggundu for allegedly forging land documents of ownership basing on Tumwebaze Primah’s DLM 552/12/022 report.
However, his directive was overruled by the State House presidential special task force on land matters and environment under Brig Gen (rtd) Moses Shaban Lukyamuzi after their thorough investigation proved that Kiggundu was the rightful owner of the land and that there was a court order maintaining the status quo which the minister violated.
Kiggundu also wants court to issue an order prohibiting the respondents and any other government department, official or any person from interfering with the suit property and implementing, executing the recommendation and decision of the impugned Primah’s report contrary to the high court order in civil suit No. 348 of 2018 that maintained the status quo and before the determination of the main suit relating to the matter.
He also seeks for an order quashing the directives of Minister Mayanja to Maj. Gen. Godfrey Tumusiime who is also the Deputy Inspector General and Brig. Gen. Henry Isoke of the State house Anti-Corruption unit seeking to execute the recommendations of the impugned report contrary to high court order to maintain the status quo and being void, illegal and or otherwise a nullity.
He further wants a declaration that the report of the Private Secretary to the president and letters to Maj Gen. Tumusiime and brig. Gen. Isoke are null and void.
The petitioner also seeks for general damages for inconveniences, psychological and physical stress suffered by him and an order that costs be paid to the applicant.
It should be noted that there is civil suit No. 348 of 2018 where Nabitaka Josephine, Namuli Justine, Lukwago Stephen and Sewanyana Rhoda Vs Lawrence Kiggundu which main suit was dismissed but the counter claim survived which is the basis for an order to maintain the status quo was granted.
Kiggundu drags Minister Mayanja, two others over fraudulent directive on his land
