City tycoon Medard Kiconco has said the trial magistrate of Nabweru Chief Magistrates’ Court issued orders in respect to the land at Ssekanyonyi in Mpererwe and not Lusanja, where people were evicted.
In an affidavit submitted before the head of the Land Division of the High Court, Justice John Eudes Keitirima, a fortnight ago, Kiconco said he has two titles in regard to the said properties. He, however, does not indicate who ordered or carried out the eviction.
Kiconco submits that the case he filed against Patrick Opedi and 15 others was for trespass and for an order that he is the rightful owner of the land in Mpererwe. However, he concedes that summons were served to the Mpererwe LC1 chairman, and not the applicants personally. Kiconco says there were no irregularities in the circumstances and that the acts, decision, orders and decree of the trial court were lawful and correct.
His submission follows a petition by Fred Kanyike, Rogers Atukwatse and John Kilabira, in which they are seeking orders setting aside the magistrates’ court ruling in which Kiconco was awarded the Lusanja land.
The trio contend that Nabweru Court had no jurisdiction to give Kiconco orders to demolish 350 houses in Lusanja, because it was a property involving over sh200m. Although the trio claim that the magistrate did not visit the land before delivering the ruling, Kiconco says it is not mandatory.