By Our Reporter,
KAMPALA
Judiciary’s fight against court case backlog has suffered a setback after court documents revealed that a land case against Watoto church has been in court for 13 years without any judgement delivered on it.
Watoto Childcare Ministries, a branch of the Watoto Church in Uganda alleged illegal acquisition of a 179 acre land in two villages in Wakiso District.
However, the case against Watoto Child Care Ministries has spanned in the court system for close to 13 years now, handled by different judicial officers but it is yet to be concluded by the court.
With the case staying on the court system for more than a decade, it is now regarded as a backlogged case after it was partially handled during the 2020 Special Session funded by the World Bank.
Case backlog in the Ugandan setting refers to uncompleted cases which have stayed in the justice system (court) for more than 2 years from the date of filing without judgment being passed.
Records in the Land Division of the High Court show that a witness, Dr Fredrick Njuki has spent close to three years now on the witness stand since 2022 and he is yet to conclude his testimony. 
Dr Njuki who testifies by Zoom had been challenged by the lawyers representing Watoto Child Care Ministries but the Court then presided over by Justice Philip Odoki overruled them.
He is the third witness after two other witnesses; Jackie Nansubuga and the handwriting expert testified between 2020 and 2022.
It is alleged that the delays that caused Watoto lawyers to appeal and lost before petitioning to the then Principal Judge Flavian Zeija to change the judicial officer handling the case are seen as tricks to delay the delivery of justice to the complainant.
The delay to have Dr Njuki concludes his testimony is also hinged on the fear of the Watoto Child Care Ministries’ lawyers to present their three witnesses.
Court documents show that in June 2012, Dr Njuki sued Watoto Childcare Ministries, a Non-Government Organisation for allegedly acquiring the disputed land without conducting a due diligence.
Watoto Child Care Ministries is a branch of the Watoto Church in Uganda that builds villages with schools, churches, medical centers, and homes and populates them with new families built from orphans and widows.
It is alleged that Watoto Childcare Ministries purchased the land in question from Steven Ian Nsubuga who was not in physical possession and attempted to forcefully takeover despite several warnings on fraudulent acts.
In June 2012, Dr Njuki sued Watoto Childcare Ministries for alleged illegally acquiring the land in question from his brother Mr Nsubuga who sold it using forged papers.
He sued Watoto childcare ministries jointly with his brother, Steven Ian Nsubuga, Ann Nsubuga and the Commissioner for Land Registration for alleged fraudulent dealings on his late father’s land.
It is alleged that the transactions between Steven Nsubuga and Watoto Childcare Ministries were tainted with fraud and illegalities and that the organization, Steven Ian Nsubuga and Ann Nsubuga all participated and were privy to the transactions complained about.
“The plaintiff (Dr Njuki) shall aver that since the entry on the register of the names of Steven Nsubuga and the organization was effected by the fourth defendant (Commissioner Land Registration), the fourth defendant should be ordered to cancel all the said entries and reinstate the names of the plaintiff’s father Eric Gganja Kiyuba Njuki as the registered proprietor and it is from such registration that the plaintiff would acquire his interest or portion of land,” reads the complaint.
Through his lawyers, Dr Njuki wants the court to declare that he is the legal owner of 50 percent of the disputed land at Lube and Sekomangwa in Kakiri, Wakiso District.
Dr Njuki is seeking for a court declaration that the registration of the organisation in the suit land and subsequent transfer of the said land into the names of Watoto Childcare Ministries was erroneously and fraudulently procured and hence must be cancelled.
He is also seeking for an order of court restraining all the accused parties, their agents or persons deriving from them from interfering with the suit land in the manner likely to affect the interests of Dr Njuki.
However, Watoto Childcare Ministries deny wrongdoing saying the case does not raise any action because in 2010, they desired to purchase eight plots at Lube Village and two plots at Sekomangwa and that immediately visited the land and opened boundaries which verified that there were no squatters.
“That the Watoto Childcare Ministries thereafter conducted searches at the Land registry in regard to the suit land and all the plots of land were in the name of the second defendant (Steven Nsubuga),” reads the defense adding that no person objected to the process of opening boundaries.
Through their lawyers, Watoto Childcare Ministries contends that it continues to suffer disruption of its activities owning to its lack of quiet possession of its property statements issued by the plaintiff against it.
Watoto Childcare Ministries also filed a counterclaim against Nsubuga seeking for refund of Shs800 million with a 30 percent interest. They are also claiming for special damages worth Shs54.2 million and the court should order for removal of caveats from the land.
At court sitting on May 14, the Justice Dr Echookit Christine Akello of the Land Division has set July 10 this year for further cross examination of Dr Njuki.
