Former head of the Civil Division of the High Court Justice Margaret Oguli Oumo has suffered a setback in the fight together with his son Derrick Imongit Oumo to save her husband’s estate.
Justice Dr. Christine Echookit of the Land Division of the High Court dismissed Justice Oguli’s case seeking to recover a piece of land claimed to be owned by late George Oumo which is situated at Kachaboi village in Kachumbala parish in Bukedea district.
According to Court records, Justice Oumo claims that the husband bought the said customary land comprising of nine gardens from late James Ikorat in the mid-1980s making it part of the deceased’s estate.
The judge and her son accuse Charles Obonkongor Opio the respondent in the suit of fraudulently developing it, and subsequently procuring a certificate of title on 6th March, 2014 in his name while the matter was still pending before the lands Court.
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He pleaded with court to order the cancellation of the said land tittle, order the respondent the vacate the land and register it in the names of her husband who he says struggled a lot to pay for the piece of land.
In his defence, Obonkongor told court that the said land belonged to Ituba his father who lived on it, cultivated it, and was even buried there together with his wife Jeneva Ajeluna.
He stated that the family temporarily vacated the land due to insurgency in the area but returned in the 1990s and resumed occupation.
He denied any sale of the land to late Oumo as the wife alleges.
“Together with documentary and photographic evidence of burial sites, we established a continuing connection between the land and Ituba’s lineage,” court documents read in part.
He told court that the alleged transaction occurred only three months after the death of his father and step mother adding that the agreements themselves acknowledge prior occupation by Ituba without explaining Ikorat’s ownership which is not satisfactory.
The judge agreed with the respondent that there is overwhelming evidence showing that the suit land had previously been occupied and utilised by the family of the late Ituba. He wondered why the late Oumo didn’t do due diligence to establish the status of the land before entering into the alleged transaction.
“The Plaintiffs’ failure to prove fraud does not, in itself, amount to a conclusive affirmation of the Defendant’s title in rem. Court’s finding is limited to the issues before it, namely that.
No fraud or illegality has been established to warrant impeachment of the title, and that the
Plaintiffs have not proved a superior proprietary interest in the suit land,” the judge stated.
Justice Oumo is remembered to have handled a number of sensitive Courts cases especially when she was still heading the Civil Division of the High Court.
These include directing UPDF to retire former spy master Gen David Sejusa from the army with immediate effect in 2016 and be compensated with Shs750m.
He also threatened to issue criminal summons against the Kabaka of Buganda Ronald Muwenda Mutebi to appear in Court and testify on the contestation on his signature when Kkobe clan were contesting on who is the rightful clan head.
In 2018, she awarded Rtd UPDF soldier Maj Ronald Iduuli with Shs700m for illegal dismissal from the national army before reaching the retirement age.
