Two senior police officers are on the spot for allegedly defying court orders in regards to aiding a group of people who unlawfully entered into a contested land.
The case was filed before the Land Division of the High Court against Commissioner of Police James Kusemerewa who is in charge of Land Protection Unit and Kira Road Police Station Division Police Commander, Superintendent of Police Sam Suubi.
Business Enterprise, MKS Limited sued the senior police officers jointly with Justine Lusiya Nabuuma, Imran Turyagyenda, Yusuf Semugabi and a one Denis Mugabo also known as Kiryewala.
Through its lawyers of R. Mackay Advocates, the company is seeking for a declaration that the accused persons are in contempt of injunctive orders issued by the court in March 2021.
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“An order that the contemnor be appropriately punished through the imposition of a fine of Shs950 million as a sanction for contempt of court,” reads an application also seeking for another order that the accused be arrested, detained and committed to civil prison for disobeying lawful court orders.
The company also wants an order directing the accused parties to immediately cease all acts of trespass, interference, grading and encroachment upon the suit property.
Court documents show that in March 2021, court issued an order directing a status quo to be maintained on the land located at Block 216 Plot 4992 land at Buye, in Ntinda, Nakawa Division where the company MKS Limited is in physical possession until final determination of the main case.
The court order also restrained the accused parties from interfering with the company’s possession of the land.
In the application before court, the company contends that the accused parties have repeatedly attempted to forcefully enter the land, evict Hardware World Limited, intimidate its workers and representatives as well as damage the perimeter structures and interfere with the possession.
“That despite such knowledge, the first (Nabuuma), second (Turyagyenda) and third (Semugabi) respondents with assistance and connivance of the fourth (Mugabo), fifth (Kusemererwa) and sixth (Suubi) respondents on June 8, 2026 with hammers, guns and crane forcefully entered the suit land and attempted to evict the tenant of the applicant, have willfully disobeyed the said order,” reads a sworn statement by Shamim Masembe.
It is allegedly that during the said acts of trespass and attempted eviction, it became evident that the accused parties were interfering not only with Plot 4992 but also with portions falling within plots 4991 and 4993 which form part of the land physically occupied by the company.
“That the respondents cannot avoid compliance with the injunctive order by relying on boundaries created through the impugned subdivision because the applicant’s (MKS Limited) occupation predates the subdivision and remains the very possession preserved by this court,” reads the court document.
In the document, court added that the actions amount to a deliberate attempt to defeat the purpose of the injunction and undermine the authority of court.
The company alleges that the conduct has caused financial loss, disruption of business operations and a breach of peace on the suit property and that unless sanctioned by court, the accused persons would continue to undermine the administration of justice and cause irreparable prejudice.
THE CASE
In 2020, the company sued the Commissioner for Land registration after discovering that the government official had cancelled its title and issued interests over the land in favour of Nabuuma.
Others sued are: Nabuuma described as an administrator of a deceased’s estate, John Bosco Mubiru, Abdu Shakur Nsubuga and Federesi Nandawula.
It is alleged that the Commissioner for Land registration reinstated plot 2500 and subsequently subdivided it into plots 4991 and 4993 thereby overlapping MKS Limited’s former plot 4478 and that is now represented by portions falling within plots 4991, 4992 and 4993.
Before court, M/s MKS Limited is seeking for court determination of ownership and proprietary rights over the disputed land by way of declaring that the cancellation of the company’s land title was illegal and also order for the cancellation of registration of Nabuuma Justice Lusiya as registered proprietor of the disputed land.
The company is seeking for orders to be reinstated as the registered proprietor of the land and a declaration that the complainant is the bonafide purchaser for valuable consideration without notice of fraud.
By press time, the defendants had not yet filed their defense.
