By Denis Turyahebwa
The High Court in Mbarara presided over by Justice Duncan Gaswaga disposed of a land matter where the family of Late Miru Nasulu(Plaintiff) and Late Hajj Ahamad Barugahare(defendant) have been battling the ownership of the land equivalent to 32 acres located in Kabale Village, Birere Sub County, Isingiro district.
Court heard that on March 11, 2016, the family members of late Barugahare(defendant) forcefully evicted the family of Nasulu (Plaintiff) who had stayed on the land since 1978 after securing an illegal eviction order from the then grade one magistrate of Mbarara, Daniel Bwambale.
These stormed the premises and destroyed houses, a poultry project which had over 2000 birds, cut down the banana plantations leaving them landless that forced them to erect a temporary tent just adjacent to the suit land where they have been staying for the last two years and seven months.
They later filed a civil suit at Mbarara high court of illegal eviction.
On Friday the high court presided by Justice Duncan Gaswaga read the ruling on the matter and awarded a total compensation of shs230m to the plaintiff of which shs100m were specific damages, shs 70 were general damages and shs60m damages for the destroyed house and kitchen.
“A permanent injunction is hereby issued against the defendant, agents and servers and all the assignees and the plaintiff is awarded costs of the suit,” ruled Justice Gaswaga.
“On March 11 Amina Miru(wife) and her family were made to live in a forest under a tent which exposed them to harsh conditions which has caused her situation to deteriorate she can no longer walk by herself but only can be pushed on a wheelchair, with the illegal eviction, she lost all her houses, properties could not access her gardens, she was exposed to humiliation, embarrassed and traumatized all that she had worked for was destroyed even if she was to be compensated for the lost properties she cannot be put back in the same situation but probably near of the life she enjoyed. At her age, all the hopes to work for new things has gone,” he added.
Justice Gaswaga further ruled that the defendant should hand over the vacant possession of the suit land to the plaintiff within 30 days hereof failure to that an eviction order shall be issued against them.
After the court ruling, Amin Miru (wife) expressed her gratitude towards whoever tried to ensure justice prevails in order to save her from the coldness she had braved for more than two years sleeping in a tent.
“I am so grateful to my lawyer, my children who have fought with me and the judge who saw the truth in whatever we told court and has ruled accordingly, am happy that I have been reinstated back to my land,” she said.
Neither the defendants nor their lawyer Frank Kanduho &Co Advocates were present in court at the time of the ruling.
James Bwatota of Bwatota&Co Advocates the plaintiff’s advocate told TheSpy Uganda that finally he has completed his case which had much influence.
“This has not been a simple case it involved an upper hand but we managed to stick ourselves to the facts and we presented a good case, of course the costs and compensation which was award can never be enough but we are happy that the old woman has gone back to her land with her family,” he said.
When asked the whereabouts of the defendants, Muzamir Ssekajja one of the relatives to Amina Miru’s family said they don’t know.