PETITIONED: President Museveni and CDF Gen. Muhoozi. In set is Col. Moses Kanyonyi in combat and Petitioner John Muzungu
NEWS EDITOR MEDIA
THE High Court in Kampala, Land Division, before Her Worship Natukunda Janeva has issued a temporary injunction Order against Col. Nabaasa Moses Kanyonyi, his agents, servants, and/or any person acting for and on his behalf prohibiting and or restraining Kanyonyi from tresspassing on the Kibanja/land whose ownership is claimed by a one John Muzungu.
Court has restrained Col. Kanyonyi from developing, transferring ownership, selling, disposing, mortgaging, alienating, interfering or otherwise dealing with this Kibanja/land until the hearing and determination of the main suit.
This Misc Application No. 0907 of 2024 arose from Civil Suit No. 548 of 2023. It was filed by John Muzungu (applicant) against Nabaasa Moses Kanyonyi (defendant), an officer of the Country’s elite Special Forces Command (SFC).
The application came up for hearing on June 4, 2024 in the presence of counsel Lydia Nabukeera and Counsel Ainamani Kenneth holding brief for Counsel Luyima Jabal who represented John Muzungu and in the absence of Moses Nabaasa Kanyonyi and/or his lawyers.
The said Kibanja/land measuring half an acre is located at Bugabo, Bukaya LC1 village, Katabi town Council, Entebbe Municipality in Wakiso District.
John Muzungu through his lawyers of Rwakafuzi & Co. Advocates filed a case against Col. Moses Nabaasa Kanyonyi accusing him of deploying SFC officers and camping them at his land denying him access to his property. All attempts for Kanyonyi to remove soldiers from Muzungu’s property was in vain, until the victim resorted to courts of law seeking for justice!
However, Kanyonyi did not heed the directives of court. He has continued to possess and use the said property!
In his written statement of defence, SFC boss says Muzungu sold him nothing, Col. Kanyonyi avers and contends that he cannot trespass on his own land but instead it’s Muzungu who has attempted to trespass on Kanyonyi’s land with all intentions of forcefully taking over the same to deprive Kanyonyi of his lawful equitable and general interests therein.
Kanyonyi alleges that he paid a one Bibagamba Peter a deposite of UGX 80M for a title of land where Muzungu claims to hold a kibanja!
MWESIGWA RUKUTANA & CO. ADVOCATES WRITE TO CDF MUHOOZI OVER A COURT ORDER AGAINST MOSES NABAASA KANYONYI OVER TRESPASSING ON MUZUNGU’S LAND
Acting for Muzungu John, former Attorney General Mwesigwa Rukutana informed CDF Gen. Muhoozi Kainerugaba about Col. Kanyonyi deploying SFC officers and camping them at his client’s land located at Bukaya village in Katabi town council in Wakiso district.
“The matter was reported in the courts of law and the court issued an order directing all parties to stop using the land until the matter is determined by the courts of the law. We intend to file contempt proceedings against him but wished to address the concerns to your esteemed office to prevail over impunity of your officer.” Reads June 21, 2024 letter from Mwesigwa Rukutana & Co. Advocates to CDF Gen. Muhoozi Kainerugaba.
DETAILS OF THIS KIBANJA/LAND SCANDAL
On 6th April 2021 John Muzungu wrote to Gen. Muhoozi Kainerugaba who was then Commandant SFC, the Presidential Elite Force reporting to him on the grievances arising out what he called unprofessional conduct of Moses Nabaasa Kanyonyi of the SFC Elite Brigade.
In a four paged letter John Muzungu said, in 2017 he sold his pieces of land located at Bugabo, Bukaya LC1, Entebbe in Wakiso district to a one Moses Kanyonyi Nabaasa.
He alleged that the pieces of land consisted of 7 plots each measuring approximately eleven decimals at a total tune of UGX 95M.
Kanyonyi advanced a partial payment UGX 76M, remaining a balance of UGX 19M to be paid at a later stage.
The vending and purchasing process was made by way of drawn agreements.
However, when Kanyonyi moved to occupy his land, also fenced off other 5 plots belonging to Muzungu which wasn’t part of the transaction.
“When i was alerted of the development by a whistle-blower, i visited the locus and indeed, Kanyonyi had trespassed into my other land”, John Muzungu wrote to Gen. Muhoozi.
On approaching Kanyonyi, he apologised and it was on this point that he asked Muzungu to sell him also this other part of land he had illegally fenced off. Muzungu agreed and asked for UGX 93M.
Kanyonyi was then owing Muzungu UGX 112M altogether, including UGX 19M balance of the first land purchase.
“The purchaser Kanyonyi paid an advance of UGX 1M of the UGX 112 M he was owing the land owner John Muzungu, meaning he remained with a balance of UGX 111M. Kanyonyi requested for a grace period of 18 Months to clear the balance, a request i okayed hoping i was dealing with a man of his word,” Muzungu told Gen. Muhoozi about his officer Kanyonyi Moses.
According to the purchasing agreement signed by Kanyonyi himself, if he fail to clear Muzungu of his UGX 111M within the given period of 18 months from the day the agreement was made, Muzungu had to take back his Kibanja/land.
PHOTO: Part of the Kibanja/land purchase agreement signed between Mr. John Muzungu the vendor and Moses Nabaasa Kanyonyi the buyer
Muzungu’s attempts to demand Kanyonyi pay his money within the agreed period or return the land was in vain as the purchaser decided to ignore, neglect, refused and/or failed to pay Muzungu. He could hang up every time Muzungu called or responds rudely.
“I have seen it wise not to institute court proceedings against an officer working under your command in line of the Presidential Elite Brigade of SFC when you can address this matter and sort it out amicably.” Submitted Muzungu in 2021, requesting First Son to intervene to mediate and compel Kanyonyi to remit his money.
Muzungu added, “In case he appears rigid to pay my money, i request that he forfeits back my five plots for personal use and then pays the balance of UGX 18M (balance of the first land transaction). I shall be very grateful for your time, cooperation and support”.
LAWYERS OF RWAKAFUZI ALSO WRITE TO GEN. MUHOOZI
Two years later after John Muzungu raised his concerns to then SFC leader Muhoozi Kainerugaba about his officer Moses Kanyonyi Nabaasa failure to pay him UGX 111M or vacate his land measuring half an acre at Bukaya village, Nalugala Parish, Katabi Town Council in Wakiso district, lawyers of Rwakafuzi & Co. Advocates on January 6, 2023 wrote to Chief of Defence Forces (CDF) Gen. Muhoozi Kainerugaba about the Indebtedness of Col. Moses Nabaasa Kanyonyi.
Lawyers of Rwakafuzi informed CDF Muhoozi that, “Whereas Kanyonyi took possession of the contract land immediately, he didn’t pay even a penny out of the agreed purchase price. Instead, he placed UPDF soldiers on the land rendering it a no-go area. All entreaties to him to pay failed.”
Lawyer Kwemara Kafuzi of the Rwakafuzi Co. Advocates told CDF that, “In a view of the aforesaid facts and given that Mr. Kanyonyi hasn’t developed the land, our client desires to have it back. This is because, even if Kanyonyi was to pay the agreed price now, it no longer has the value envisaged in the contract as it has been inordinately delayed.”
“Accordingly, we request you to order the UPDF to vacate the land and direct Kanyonyi to return it to our client. We have opted to write to your office instead of suing Mr. Kanyonyi in the courts of law because your office can produce faster, cheaper results and protect the image of UPDF.
PRESIDENT MUSEVENI PETITIONED OVER LAND GRABBING ACTIVITIES BY USE OF SFC COMMAND PERSONNEL
On July 28, 2023, lawyer of Rwakafuzi & Co. Advocates wrote to The Head of State Yoweri Kaguta Museveni seeking for his indulgence over an aggrieved citizen one Muzungu John.
Lawyers told President Museveni that Muzungu complains about Col. Nabasa Kanyonyi Moses an SFC officer who entered an agreement to buy his Kibanja at Bukaya, Katabi Entebbe, immediately took possession but did not pay for it. Instead, he took forceful control of it by placing there a mini barracks of soldiers and a road block to ensure that Mr. Muzungu doesn’t step there.
CIVIL SUIT NO 548 OF 2023 AGAINST NABAASA MOSES KANYONYI IN HIGH COURT KAMPALA LAND DIVISION
John Muzungu filed a case against Moses Nabaasa Kanyonyi over grabbing his Kibanja/land.
PHOTO: John Muzungu wants Col. Kanyonyi to vacate his land he possessed illegaly
The plaintiff Muzungu John told court he has suffered loss and damage but would rather the defendant Moses Nabaasa Kanyonyi returns his land and thus claims no damages in that event.
Muzungu contends that the defendant having paid nothing out of the contract sum of the 50 decimals, the contract between himself and the defendant came to an end, Kanyonyi remains on the suit land as a trespasser.
Muzungu prays for judgement thus;
● A declaration that the defendant never having paid the purchase price on the contract of sale of kibanja measuring half an acre at Bukaya Bugaba Village, Nalugala Parish, Katabi town Council, Wakiso district entered on 17/3/2019.
● An order that the defendant hands over possession of the suit land to the plaintiff
● The defendant pay UGX 18M to the plaintiff being the balance on the contract of 24/12/2018 between the two parties.
● The defendant pay interest on UGX 18M at commercial rate from the date of breach until payment in full.
● A permanent injunction issued to restrain the defendant from claiming interest in the land the subject of the contract.
● Costs of the suit be paid by the defendant.
COL. NABAASA KANYONYI DENY ALLEGATIONS OF LAND GRABBING
Moses Kanyonyi Nabaasa’s written Statement of defence dated July 19, 2023 through his lawyers of Bumpenje & Co. Advocates denies ever trespassing in Muzungu’s land.
DENY ALLEGATIONS: Col. Moses Nabaasa Kanyonyi
His statement reads;
● That on 12th April 2023 Kanyonyi bought his legal interest in the suit land comprised in Busiro Block 435 Plot 200 formerly plot 19 at Bukaya in Katabi Town Council measuring 1 acre 23 decimals in Wakiso district, from its proprietor Bibagamba Peter who signed for the defendant transfer and mutation form in consideration of UGX 100M out of which sum, the defendant paid UGX 40M in cash leaving a balance of UGX 60M.
● That on 24th June 2023, the defendant further paid the registered owner of the suit land more UGX 40M leaving a balance of UGX 20M to be paid within 14 Months and which period is still running to date thus the defendant is not a trespasser but a lawful bona-fide purchaser of the suit land with a permanent residential hjous/building thereon as per the agreement.
● That Muzungu John sold nothing to the Kanyonyi and he is not entitled to any payment instead, should refund any money ever received from the Kanyonyi
● That the defendant has never fenced off any land or Kibanja belonging to the plaintiff and the defendant is not capable of forming any military barrack on the suit land thus the plaintiff shall be put to strict proof of his malicious and defaming allegation that put the defendant’s reputation into disrepute.
● The defendant shall aver and contend that he cannot trespass on his own land but instead it’s Muzungu who has attempted to trespass on Kanyonyi’s land with all intentions of forcefully taking over the same to deprive Kanyonyi of his lawful equitable and general interests therein.
● Wherefore, Kanyonyi do contend that Muzungu is not entitled to any of the remedies sought in the Plaint and prays that the suit be struck out for illegality or be dismissed with costs.
- PHOTO: Proof Kanyonyi produced in court to show ownership of the subject land
MUZUNGU’S REPLY TO KANYONYI’S WRITTEN STATEMENT OF DEFENCE
The plaintiff (Muzungu) on August 1, 2023 through his lawyers of Rwakafuzi & Co. Advocates joined issues with the Defendant (Kanyonyi) upon his defence in as far as the same consists of admissions and shall put defendant to strict proof of any denied averments;
● Muzungu avers that he sold a Kibanja to Moses Nabaasa Kanyonyi he had also acquired from previous holders Kamoga Sulaiman and was in possession and use of the same by the time he entered an agreement of sale of the same to Kanyonyi
● Muzungu further avers that Kanyonyi is estopped from denying his right to sell the suit land he having entered a contract of purchase of the Kibanja without recourse to the alleged title holder himself.
● Muzungu further avers that, if he had no right to sell his Kibanja without recourse to the title owner, Kanyonyi then had no right to acquire the legal interest in the suit kibanja without the consent of the Plaintiff who was in the possession thereof.
● The Plaintiff avers that, the defendant never having paid him for the land but enclosed it in his fence and forcefully kept it by placing miltary personnel thereat he is in breach of contract and a land grabber to boot.
● Wherefore, Muzungu prays for judgement in terms contained in the plaint.
Wait for Part II of this story! For views/Comments on this story, send us an email to newseditor.info@gmail.com
