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Explained how Muleme got in trouble: George William Bizibu
By Nathan Ngobi
Tears and ululations engulfed the Muleme family (Samuel Muleme and Ester Kiyingi) at Plot 2 Fort road old Kampala on 20th May 2022 when notorious court bailiffs headed by Hillary Ojuku and police from old Kampala police station raided the old couple’s home and lawfully rather forcefully evicted them out of the house.
This was after a court eviction order was issued to throw away Muleme’s family out of the property they had occupied illegally for over 50 years.
They lost the property to the Departed Asian Property Custodian Board (DAPCB) through a court battle that had taken long between the two parties.
The High court judgment arising from civil suit No. 572 of 2002 on 7th Dec 2020 ruled that the Muleme’s acquired the property fraudulently and therefore they were not entitled to any cost but to vacate the house.
According to the DAPCB Executive Secretary George William Bizibu intimated to us the shocking chronology of events as they unfolded before his DAPCB finally recovered the property.
He said that from 1995 the Muleme’s family could have complained that their property was in the statutory books wrongly, that the eviction was carried out in line with the law and blamed the minister for Kampala Amisa Kabanda for interfering in matters that she does not understand.
This was after Kabanda returned the evicted family back into the property without following the law.
He said that way back in 2002 both the Muleme’s family and DAPCB started battling in court over the property at plot 2 Fort road old Kampala.
Muleme’s family lost the case and on 07th Sept. 2020 court issued a decree declaring that the property be reverted to custodian board after the Muleme’s failed to appeal against the court decision thus conceding defeat.
The court directed the Departed Asian property Custodian Board (DAPCB) and the Attorney General to demand for vacant possession or eviction of unlawful occupants from the property.
Bizibu clearly explained that in August 2021 his board sat after obtaining the court decision and then hired the services of the notorious court bailiffs Hilary Ojuku, wrote the commandant police land protection unit who also authorized the eviction after thorough perusal through the official court documents.
Muleme’s family and some occupants at the property were served on 23rd December 2021 with both court and police documents of planned eviction process and papers they acknowledged receipt of which copies were given to area local council authority.
Bizibu noted that in March 2022 President Yoweri Museveni gave a directive to the DAPCB to recover all the properties still lying in the hands of wrong people who took the Government properties fraudulently.
The presidential directive to recover all properties by the DAPCB from the hands of those who acquired them fraudulently conceded with a planned eviction in place of Muleme’s family.
He said that before the eviction all possible measures of the law on eviction were followed, involving security and local council officials.
He said that after confirming that all necessary steps were met, then the execution of the eviction was carried out 20th May 2022.
Bizibu added that after the eviction, all the items belonging to the Muleme’s family were recorded as per the law before area LC1 chairman and one Luriyika James son to Samuel Muleme on behalf of the family confirming that all their belongings were safe.
He said that on 23th May 2022 the bailiffs returned documents to the High court Land division confirming successful execution and court acknowledged handing over the property to the custodian board.
He said that the Muleme’s were fully aware about what took place , accepted defeat and shockingly they are using propaganda, intimidation, lies, manipulation, defamation and misleading some Government officials to tarnish the untainted image and role of the Departed Asian Custodian board .
The property legally belongs to the Government and the minister for finance is set to deal in it as required by the law.
Bizibu also noted that the court order of the stay of execution from Muleme’s side came late after the eviction was done meaning it was a misguided missile.
Bizibu said that the divestiture committee has embarked on rigorous exercise compiling all properties that are supposed to be dealt with by the minister of Finance by way of disposal.
“Soon or later the statutory information will be issued for the public to comment before the minister of Finance deals in any property in accordance with the law” Bizibu pointed out.
He warned Government authorizes like district land boards and Uganda land commission to always desist from dealing in properties that are under the Departed Asian property custodian Board (DAPCB) to avoid confusion and unnecessary litigations.
Last week a court at the land division adjourned the matter till 10th June 2022 to hear the application filed by the Muleme’s family asking for the stay of execution.
Earlier minister for Kampala Amisa Kabanda intervened in the matter and returned the Muleme’s family back to the property.
However, according to Bizibu, Kabanda acted outside the law as the court had pronounced itself on the matter.
