KAMPALA – The assistant registrar of the High Court Land Division, Ms. Justine Atukwasa has defended the possession of the property authority issued to businessman Juma Segawa Tamale, a brother to late Maj. Muhammed Kiggundu over disputed family properties.
Ms. Atukwasa who was cross-examined by lawyers on Tuesday told court that she followed the due process as required by the law. She also told court that an advert was published in the newspaper but no objection to that effect was raised from any members of the public contesting the same.
Mr. Tamale who is the administrator of Haji Ahamada Tamale Estate is embroiled in a bitter property row with two city tycoons including Mr. Drake Lubega and Mr. Ephraim Ntaganda whom he accuses of trying to grab his family land and property in total disregard of the law.
Some of the contested property include a plots of land at Kisekka Market in Kampala, Nakitokolo in Wakiso District and at late Haji Ahamada Tamale’s family home in Namagooma also in Wakiso District.
Speaking to this website on Wednesday, Mr. Tamale claimed he continues to receive death threats and that his life is in danger because he does not his brother’s cause of death.
“It is sad that courts are being used by the land grabbers to torment me,” Mr. Tamale who has been on remand over six times also alleged total abuse of court process by his tormentors.
“Reference is made to the attached summary of cases reflecting how the defendants in the above file are using the Criminal Division (Buganda Road Court) to sabotage the proceedings of the High Court which is causing a lot of suffering to me personally as the plaintiff and delay justice,” Mr. Tamale wrote in one of the letters previously sent to Lady Justice Alexadra Nkonge Rugadya of the High Court Land Division.
“On 20th, August 2018, I was brutally arrested by un-unformed security operatives, as I had come to attend a ruling fixed by Her Worship Justine Atukwasa for Contempt of Court orders arising out of the above suit, vide HCMA no.779/2018 which was beyond her jurisdiction as per her own ruling a temporary injunction had been issued on 31st October 2017, on the same day, a hearing date for the main suit was fixed for 27th August, 2018”.
In another letter separately sent to Secretary Land Inquiry Commission Tamale noted that he has been repeatedly imprisoned on trumped-up charges in regard to his property which is under contest.
Mr. Tamale indicted that he filed Civil Suit No. 857/16 in the Land Division, secured a temporary injunction on the suit land but while on remand his tormentors started developing a storreyed building while the trial judge was on leave.
“They are abusing the legal process by misusing the Buganda Road Court at their calculation. These people are further building on forged land titles. They connive with Court Registrars and some judges which has made me loose confidence in courts.
Dr. Singiza K. Douglas in a letter directed Kampala City Commissioner and Kampala Divisional Police Commander to stop the illegal activities on all the disputed land and ensure that the commission’s land is complied with.
“Please, note that its an offence to disobey the commission’s directive for which criminal charges maybe preferred,” Dr. Singiza wrote in 2019 in a letter to sent to director legal affairs in KCCA, Director of Police Kampala Metropolitan, Mr. Drake Lubega and Ephraim Ntaganda.
Fresh charges
In a fresh twist of events, Mr. Tamale is now facing five counts relating to forgery
Prosecution purports that in the year 2016, Juma Segawa, Kampala altred a forged a declaration from entailing the names of some of the sons and daughters (beneficiaries) of the estate of the late Haji Ahemed Tamale with forged signatures declaring that they have granted him powers to process letters of administration for the said state to execute the late fathers will with intent to fraud and deceive.
The other cases include uttering false documents, making a false document among others
The law
Under the law, anyone who forges a judicial record, power of attorney, banknote, currency note, bill of exchange, promissory note or another negotiable instrument, policy of insurance, cheque or other authority for the payment of money by a person carrying on business as a banker is liable to life imprisonment, on conviction.
But Mr. Tamale insists that all cases against him are baseless and that they are in bad faith.
