New details show Ndeeba clergy signed eviction notice
St Peter’s Church, Ndeeba was demolished on August 10. While the Church leadership said they were unaware of the demolition, court documents Daily Monitor has seen show that at the time the church was razed, an eviction had already taken place four months earlier following a High Court ruling. PHOTO | MICHAEL KAKUMIRIZI
The Anglican Church leadership had vacated the land housing St Peter’s Church, Ndeeba, before the demolition took place, Daily Monitor has learnt.
While the Church leadership said they were unaware of the demolition, court documents Daily Monitor has seen show that at the time the church was razed, an eviction had already taken place four months earlier following a High Court ruling. The eviction was witnessed by church officials, police and local council officials.
The documents indicate that the church administrators agreed to the eviction and left the land before the demolition.
In June court ordered the church to vacate the land after a 12-year dispute on the ownership.
The joint administrators of the late Evelyn Nachwa’s estate; Mr Dan Ssemwanga, Mr John Kajoba, Mr Edward Balunga and Mr Steven Nakibinge, had sued Lucy Nsubuga, an administrator of late Bishop Dustan Nsubuga’s estate, one Constance Kizito and the Commissioner of Land Registration, accusing them of forgery of a special land title.
The court cancelled the special title in the names of Stanley Kigere and Dan Mbowa and letters of administration of the land were granted to late Nachwa’s estate administrators.
The registered trustees of Church of Uganda, administrators of Bishop Nsubuga estate and others did not appeal the judgement within the 14 days as prescribed in law.
On February 19, 2020, Lubaga Internal Security Organisation officer Moses Ssekibuule wrote to Lubaga Resident City Commissioner about the scheduled eviction.
“The church leadership is fully aware of the ruling, which was done against their favour and have since decided not to appeal. Current occupants are also aware of [the] orders directing them to vacate and some have started to vacate the area,” Mr Ssekibuule wrote
On March 6, 2020, Spearlink Auctioneers and Court Bailiffs continued with evicting the church and school which were on the land.
“I Kirunda Moses, t/a Spearlink Auctioneers and Court Bailiffs, do confirm that on the 6th day of March 2020, I fully evicted all the occupants found on Plot no. 749 and 750 Block 7 formerly Plot No. 39. I also evicted one reverend from the church area,” reads the report the bailiff submitted to court after the eviction.
“Thereafter, I handed over empty land to one Umar Sserunkuma, the representative of the plaintiffs. This execution was witnessed by the police, local council executive and others, and it was peaceful,” the bailiff’s report to court further states.
Rev George William Kyeyune was among the church officials who signed the inventory record of the eviction.
However the following day, Kampala Resident City Commissioner Faridah Mayanja Mpiima intervened to stop repossession of the property by the complainants. She wrote to the district police commander, saying the church operations should continue because there was a notice of intention to appeal the judgement.
“You should allow the activities of the church to continue normally, including normal prayers and car washing project on the land; the school be allowed to operate and other related activities,” Ms Mpiima’s letter read in part.
The letter caused a new challenge. Police could not allow the rightful owners to demolish the church structures. Administrators of the late Nachwa to ran back to court and obtained an order to demolish the structures.
“Once a party is declared the rightful owner of the suit premises and is given vacant possession of the same, he or she is at liberty to use the land as she or he wishes,” Justice John Eudes Keitirima ruled on July 10, 2020.
The complainants, using a company called Ephraim Enterprises Limited, wrote to Kampala Capital City Authority, which on July 30 granted them permission to demolish the structures.
“The demolition shall be carried out strictly during weekends and off peak hours to avoid interruption of traffic and other businesses within the vicinity of the site,” Mr Ivan Katongole, the acting KCCA director for Physical planning, wrote.
After the new court order, police officers deployed at the church withdrew from the site. On August 9, the church building and the school were razed.
Background
The demolition of St Peter’s Church Ndeeba has sparked public anger, leading to the arrest and prosecution of senior police officers and local officials. Last Thursday, Lubaga Division building inspector Richard Naika and Division Internal Security Officer Ali Mukwaya were remanded to prison over the same matter.
