Mbarara. The Permanent Secretary in the Ministry of Health Dr. Diana Kanzira Atwine was left frustrated after the High Court of Uganda at Mbarara ordered her to vacate the land in which she was sued for trespassing on under Civil Case No. HCT-05-CV-CS0061-2009.
According to the judgment that was made on 11th September 2019, Court presided over by the Judge Joyce Kavuma, ruled out that the purported sale transaction of the land between Robert Rwancwende and Diana Kanzira was void. This judgment was released recently and after it came out, Hebert Natukunda through his Lawyer Ngaruye Ruhindi organised a press briefing last week at Ngaruye’s place in Mbarara. This is where they revealed this judgment letter.
The said land in dispute is located in Kashari, it is claimed that the land belongs to the family of Late Eric Rwancwende who was killed by Obate’s solidiers and left the properties under the administration of the the Elder Son Herbert Natukunda Rwancwende who sued Dr. Diana Atwiine over the land that was illegally sold to her by one Robert Rwancwende.
This case started way back in 2015 when Kanzira trespassed into part of the land which she claimed that he bought it with Robert Rwancwende. This forced Natukunda to run into courts of Law and sued Kanzira accusing her of invalid purchase family land.
Both parties testified in court, this is where Natukunda the plaintiff testified in court that the defendant (Kanzira) bout the said land from the wrong person without the family consent. He also added that after their father’s death, the family held a meeting on the 5th September 2000 and decided that the suit land should not be divided and instead left to be used by the whole family without selling.
It is alleged that sale transactions for this land between Robert Rwancwende and Diana Kanzira was 30,000,000=. According to the evidence that was presented by the plaintiff (Herbert Rwancwende) during cross examination, it is alleged that they tried to mediate over the matter and it was suggested that the defendant be refunded back her money she used to purchase the suit land but she declined.
According to the judgment, there is an order of eviction doth issued against the defendant from the suit property within sixty (60) days from the date of the judgment. Court also ruled out that the costs of this suit be met by the plaintiff.
Court also ruled out a permanent injunction doth issue restraining the defendant and or her agents, assignees, servants or employees and her successors in title from further interference with the plaintiff’s property.