The Kabale Chief Magistrate, His Worship Derrick Byamugisha, has halted a court ruling that was set to determine whether the outgoing Rukiga Resident District Commissioner, Fred Nayebare Kyamuzigita, along with eight other residents of Kamwezi Sub County, defied a court order by trespassing on contested land. The ruling has been stayed until the High Court delivers a decision on an application filed by the accused.
The accused, including Kyamuzigita, Leo Mbabazi, Narcis Banyanga, Laban Tumuranze, Moses Ahumuza, Penina Rwaminyindo, Joy Biranga Kyamabaare, Benon Tugarukye, and Moses Amanya, were sued in October 2023 by Veleriano Kibahigiire Kambamu. Kibahigiire accused them of encroaching and trespassing on his land, which led to the destruction of a barbed wire fence. According to Kibahigiire, Kyamuzigita allegedly aided the residents in the trespass.
The contested land, spanning approximately 60 acres, stretches from Rwenyangye Parish in Kamwezi Sub County to Nyakitabire Hill in Muhanga Town Council, Rukiga District. Kibahigiire, through his lawyers, secured an interim injunction from the Chief Magistrate’s Court to prevent Kyamuzigita and the other defendants from further trespassing until the main case is heard.
The defendants subsequently applied for court leave to appeal the ruling, but Chief Magistrate Byamugisha denied their application, citing concerns about delaying the court process. The accused then took their case to the High Court, seeking permission to appeal the Chief Magistrate’s ruling on the interim order.
In his decision, Chief Magistrate Byamugisha stated that proceeding with the ruling while a related application is pending in the High Court could create a contradiction in the court proceedings.
After the court session, Collins Nuwagaba, the lawyer representing Kibahigiire, expressed satisfaction with the decision, although he noted that the delay caused by the High Court appeal could prolong the legal process. “Since the Chief Magistrate’s court ruling was based on facts, the same outcome is likely in the High Court, but this will delay the court proceedings,” Nuwagaba remarked.
CUE IN…NUWAGABA ON COURT…RR/ENG//
The defendants’ lawyer, Gordon Kumwesiga, welcomed the decision, describing it as fair to both parties and indicative of trust in the judicial process.
CUE IN…KUMWESIGA ON DECISION…RR/ENG//
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