
KAMPALA – The 128 people who were ordered by the High Court to vacate a contested piece of land in Lusanja have formally filed their appeal in the Constitutional Court, seeking a review of the October decision.
In October, Justice Taddeo Asiimwe of the High Court ruled that Mr Merdard Kiconco is the rightful owner of the contested land before ordering the affected squatters to vacate within 30 days from the date of the judgment.
But in their appeal filed on Tuesday, the residents claim that Justice Asiimwe erred in law and fact when he declared them trespassers on the land yet he did not physically visit the contested land during the trial.
They also claim that the trial judge erred in law and fact when he rejected tenants’ testimonies during the trial.
They also claim the trial judge did not offer room for mediation. In October, Justice Asiimwe ruled that Mr Kiconco is the rightful owner of the contested land before ordering the affected squatters to vacate within 30 days from the date of the judgment.
The court held that the businessman purchased the land from Mr Paul Katabazi Bitabareho in 2016.
The constitutional court is expected to appoint a panel of three justices to re-evaluate the evidence of the High Court.