On Tuesday morning, the residents filed their appeal basing on six grounds challenging the Judgement delivered in October 2019 by Justice Tadeo Asiimwe of the Land Division of High Court.
City Lawyer Luyimbazi Nalukoola together with his clients of Lusanja addressing Journalists at the Court of Appeal in Kampala
At least 128 residents of Lusanja have appealed against the High
Court Judgement which ruled that businessman Medard Kiconco is the lawful
owner of land in Sekanyonyi Mpererwe in Kampala.
On Tuesday, the residents filed their appeal basing on six
grounds challenging the Judgement delivered in October by Justice
Tadeo Asiimwe of the Land Division of High Court.
Asiimwe declared Kiconco the lawful owner of the land and also gave the residents 30 days to vacate the land.
Court also directed the residents to pay Kiconco costs of the suit.
In their appeal filed in the Court of Appeal, the appellants through their
lawyers Nalukoola Luyimbazi, Erias Lukwago and Abdullah Kiwanuka
argue that the Judge erred in law and fact by hearing and trying consolidated
civil suits number 1036 of 2018 and 165 of 2019 before subjecting the same to
mediation.
The consolidated suits had all been filed by Kiconco.
One against KCCA, Rosemary Sseninde the State Minister for Primary
Education also Woman Member of Parliament for Waksio and State Minister for
Lands, Persis Namuganza and 148 others.
The other suit was against the Attorney General who was
sued for having allegedly ordering the residents to continue occupying
Kiconco's land.
The residents add that the trial judge erred by finding that the
appellants were trespassers on the disputed land.
Justice Asiimwe is also faulted for having erred in law by declining to visit
the land which Chrispa Bitarabeho is alleged to have sold to the residents.
In their document of appeal, the residents further contend that
Justice Asiimwe was wrong when he refused the testimonies of several residents which resulted into miscarriage of Justice.
The residents also fault the court for failure to properly evaluate the
evidence on record and thus ended up making a wrong decision.
Nalukoola has told Journalists that his clients want the Court of
Appeal to quash the High Court judgement and declare them as the lawful owners
of the land.
They also want the costs of the appeal and in the lower court to
be awarded to the appellants.
The case is yet to be fixed for hearing.