Court drops charges against businessman in Mukono land saga 

Mukono chief magistrate Roselyn Nsenge has halted criminal proceedings against businessman Jackson Twinamasiko.

In the process, the court has paved the way for him to battle UPDF soldier Major Mark Wanyama in a High court civil suit over a seven-acre piece of land on Mbeya island, Mukono district. In her ruling last week, Nsenge stayed the criminal proceedings against Twinamasiko, pending determination of a civil suit Twinamasiko filed in 2019 at Mukono High court accusing Wanyama of grabbing his land.

Nsenge ruled that she could not proceed because the decision of the High court has a bearing on the criminal case.

“The issue of removing boundaries on the land and malicious damage of property before this court will be determined by the High court,” she ruled. “It is better to stay the proceedings at the lower court to avoid the danger of conflicting judgments.”

BACKGROUND

In November, 2019, Twinamasiko bought the seven acres at Shs 70m but days later, the seller, Francis Tyaba, changed his mind and claimed to sell the same land to Wanyama. Tyaba tried to return Twinamasiko’s money while the latter was already enjoying quiet possession of the land but it has since been retained by court pending the disposal of the case.

Wanyama is said to have used UPDF officers to brutally chase away Twinamasiko’s workers. According to court records, the UPDF officers destroyed property on the land and consistently beating up every body that was working for Twinamasiko.

Thereafter, Twinamasiko dragged Tyaba to court challenging the change of heart and he secured an interim order barring any other person from claiming or interfering with the contested land until hearing and final determination of the main suit.

However, Wanyama petitioned the directorate of public prosecution commissions accusing Twinamatsiko of trespass. Wanyama relied on a title deed he had secured with Tyaba but due to Twinamasiko’s earlier interim order, the ministry of Lands canceled the title on grounds it was issued in error.

In-between the fight for the land, Twinamasiko was forced off the land and in the several bloody battles that followed, many of his workers were beaten to near-death by security operatives.

“I have reached out to virtually every office in the country but little effort is being done yet the matter of my land has turned deadly,” he said.

“I am hopeful court will rule in my favour and stop the land-grabbing orchestrated by Major Wanyama.”

GOING FORWARD

Twinamasiko welcomed the magistrate’s ruling, reasoning that it has halted the trumped-up charges against him.

“I legally purchased the land and everything is well-documented. My agreement is not contested at all and there is no way someone can sell land twice,” he said.

Our efforts to talk to Wanyama were futile but his lawyer, Jabaru Luyima, said they intend to challenge the magistrate’s ruling at the High court on grounds that it was not based on facts.

Probed to state the said facts, Luyima said they will be listed in the appeal. It remains to be seen how this highly-contentious issue will be solved but at the moment, it is affecting dozens of people who use Mbeya island for business and trade.