The Entebbe Chief Magistrates Court has postponed the hearing of a land trespass case involving businesswoman Peace Barigye to January 29, 2024. The disputed land, valued at over sh500m, is located at Uringi Crescent in Busiro County, Entebbe Municipality, Wakiso District. Chief Magistrate Stella Maris Amabilis adjourned the case due to the indisposition of Chief State Attorney Annet Janet Nabulobi, rescheduling it for further hearing.
Barigye, the complainant, was not present in court during the adjournment. The accused, represented by counsel Richard Omongole, Kituuma Magala, Philip Aryatuha, and Herbert Chesiyey, had their legal representation in attendance. The case has seen clashes between prosecution witnesses, including conflicting statements in October.
In her complaint, Barigye accused Yunus Magom of trespassing on the disputed land on September 7, 2022. She claimed to have witnessed Magom and three others carrying stones on the land, leading to his arrest by the police. However, a prosecution witness, Martin Musinguzi, contradicted Barigye’s account, stating she was not present during the alleged trespass.
The court session revealed discrepancies in the timing of the events, with Musinguzi stating he saw the group around 5:30 PM, while Barigye claimed the incident happened at midday. Defence lawyers sought clarification on these disparities, emphasizing the need to establish an accurate timeline.
During cross-examination, the witness did not answer questions about the timing, leading to concerns about the authenticity of an internal memo presented in court. The magistrate summoned the memo’s author from the Ministry of Lands for clarification. Barigye, directed earlier to present her original land title, provided a letter from dfcu Bank indicating it holds the title as security.
Meanwhile, in the Land Division of the High Court in Kampala, Rosemary Kiiza Omamteker has sued Barigye, accusing her of trespassing on the disputed land. Omamteker, the registered owner of the land, alleges that Barigye encroached on Plot 31B, building a structure and fencing off over 10 square meters of her land.
