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Lusanja residents, lawyers disagree on appeal

The Lawyers of the People of Lusanja Nalukoola Luyimbazi and Erias Lukwago after the verdict

Kasangati, Uganda | THE INDEPENDENT |  A row has erupted between residents of Lusanja and their lawyers over the intended move to appeal against a judgement on the ownership of the appeal from which they are being evicted.  

The High Court Land Division in Kampala last Friday ruled in favour of Lexman Industries Proprietor Medard Kiconco, declaring him the lawful owner of the lad in question. The sitting tenants were thereafter ordered to vacate the land within 30 days.  

On Monday, a team of lawyers led by Nalukoola, Kakeeto Advocates and Lukwago & Co. Advocates filed a notice of appeal against a decision by Justice Taddeo Asiimwe. In the notice, the lawyers said that they were acting on behalf of 128 residents who were involved in the dispute at the High Court Land Division.  

But While one group, led by one Harriet Nakazibwe, is pushing to seek redress from the court of appeal, another group of 46 people has withdrawn from the case citing misleading, politicization of the matter and lack of trust in the court system. A section of other residents is pushing for compensation.  

One of the groups has now written to the High Court Registrar indicating that the said law firms had not received any instructions from them adding that they have intentions of appealing in the matter.   

“This is to notify the court that the attached listed of names whose national identity cards photocopy are attached, are not interested in the appeal and we have not authorized counsel Erias Lukwago to appeal on our behalf,” reads the letter in part.  

Vincent Makubi, one of the residents, told our reporter that some of them are fed up keeping moving to courts yet they can hardly feed their families yet they are not sure that the appeal will yield any results.   

In the same vein, four others; Fred Kanyike, John Kirabira, Scovia Nanyanzi and Madina Nsereko, who were found to be lawful bibanja holders of the land in question, noted that they have no reason whatsoever to appeal in the matter where the court ordered that they should receive compensation before vacating the land. 

Fred Kanyike says legal battles with Kiconco might be a waste of time.   

There is another group of people saying that they have been assured of compensation by the president. Ibra Kizito, another resident, confirms the development saying that he had no reason of appealing yet he had been assured that any time they will take to the president to get their compensation.

However, Catharine Nassali who appeared on the list of those withdrawing from the intended appeal has however distanced herself from the move saying that there is a possibility that someone obtained their details ad used them to misrepresent them. 

When contacted counsel Luyimbaazi Naluukola noted that they received instructions from the residents before filing the notice of appeal. He, however, adds that whoever feels like he is not buying the ideal is at liberty to withdraw. 

“We are a law firm ad we were paid to file the notice of appeal, actually we have not yet appeal but every individual has his or her rights and they are at liberty to withdraw,” Nalukola told Uganda Radio Network.

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