KAMPALA
The leadership of the Land Division of the High Court is yet to hear and determine a case in which a city pastor is accusing Makerere University of defying court orders.
In February 2025, the Court of Appeal ruled that the High Court has the power to determine complaints regarding violation of its orders.
“It was erroneous for the trial judge to hold that the jurisdiction to entertain an application for contempt of court is vested in the appellate court,” held Justice Christopher Gashirabake in a lead judgment.
Other judges were Cheborion Barishaki and Dr Asa Mugenyi.
The court also ordered Makerere University and the Attorney General to pay legal costs incurred by city Pastor Daniel Walugembe and Abdu Sekaja.
The decision arose from an appeal in which Walugembe successfully challenged the High Court decision to throw out his application for contempt of court against Makerere University and the Attorney General.
In 2021, Walugembe sued the University and the Attorney General who is the government chief legal advisor for contempt of court orders issued by the High Court in 2015.
The orders were issued in regard to land at Katanga Valley, Wandegeya.
The court in 2015 held that the four family members of Jonathan Masembe, Bulasio Buyise, George Kagimu and Samalie Namboga with their licensees among them, Walugembe were Bonafide occupants of the land at Katanga valley and entitled to possession.
However, in the application to the High Court, Walugembe accused the University of violating the court orders by destroying his property.
Gashirabake together with other Justices agreed with Walugembe and Sekaja that then trial judge at the Land Division of the High Court blundered in law and facts when he declined to entertain their contempt of Court application against Makerere university and the Attorney General on ground that the Court lacks jurisdiction to handle any application.
Walugembe and Sekaja petitioned the High Court accusing Makerere university leadership of violating the orders issued by then High Court Judge Owiny Dollo in 2015 declaring tenants on land comprised in FRV 59 Folio 21 land at Katanga valley, Wandegeya boniface and cannot be evicted as unlawful encroachers
Walugembe and Sekaja were seeking for a permanent injunction restraining any government agency from carrying out any investigations over the said land and Makerere University from threatening them with eviction, destroying their properties on the land until the determination of the appeal pending before the Court of Appeal
In his affidavit, Walugembe accuses Makerere University of threatening his agents on the land with criminal charges helped by police and other State agencies which he claims was done illegally
Makerere and Attorney General vainly objected to the proceedings before the Court of Appeal where they had reasoned that Walugembe and Sekaja did not take essential steps of seeking and obtaining permission to appeal the decision of the court from which the appeal emanates from which was dismissed
Justice Gashirabake stated, “The decision and orders from which this appeal emanates were not made pursuant to Civil Procedures Rules. In striking out the Appellants application for contempt of court, the trial judge did not invoke any order under the Civil Procedure Rules. The trial Judge’s decision was based on his observation and analysis of the facts as espoused in the parties’ affidavits and held that”
The judge added that the trial judge sitting at the High Court had all the powers to entertain the contempt of court application not advising the applicants to seek redress from the Court of Appeal where their matter is still pending.
In his landmark judgement Justice Dollo ruled that four family members and their licensees are Bonafide occupants on Katanga valley land and these are Jonathan Masembe, Bulasio Buyise, George Kagimu and Samalie Namboga.
The said family members are the ones who sued Makerere University, the Attorney General and Registrar of titles and Court confirm that even though they are Bonafide tenants, Makerere University is the registered proprietor of the same land.
Makerere University protested the judgement which confirmed the legality of the tenants and appealed against the judgement but failed to secure the stay of execution of the orders issued by justice Dollo
In October 2017, five family members jointly with Walugembe entered consent before Justice Alexandria Nkonge Rugadya confirming that they had sold their interest.
According to Court documents, the consent judgement shows that the family had surrendered to Walugembe a vacant kibanja and also evicted those who had illegally settled onto the kibanja.
In September 2021, the High Court before justice Nkonge dismissed with costs the case in which 100 people had sued Walugembe jointly with the family members.
