The Land Probe Commission has written a 7 page letter to the Solicitor General over a recent ruling by a High Court Judge trying to reduce its powers.
A witness under investigation by Justice Catherine Bamugemereire led Land Probe Commission, Pastor Walugembe Daniel run to High Court after failing to access money through his agent, Robert Rukaari, CEO AMPROC a procurement company.
Pastor Daniel Walugembe of Internal Gospel Church in Kampala and a land dealer was asked to explain to the investigators how he got involved in questionable land transactions.
Walugembe has been dragged to the land commission by Elisabeth Musoke, a clinical psychologist for allegedly selling land belonging to her family to the Uganda Land Commission (ULC) without consent .The land in dispute measures approximately 507 acres.
Walugembe was taken to record a statement, he was grilled over his role in which he purportedly duped the ULC to pay him sh2.5b over land which he had no claims.
Walugembe maintained his innocence, saying he did not defraud the family of Musoke but sold his claim to ULC after he paid sh500m to Musoke’s family.
Commissioner Robert Ssebunya had no kind words for Walugembe whom he referred to as thief saying had stolen public funds. Also, commissioner Mary Ochan asked Walugembe to publically repent over his dishonest conduct.
Walugembe runs to court under High Court Miscellaneous Cause Number 231 of 2018 Verses Attorney General before Justice Andrew K Basheija.
The Land Probe Commission lists reasons why its dissatisfied with ruling.
The Commission was denied a right to be heard .
” We note that the Court Contrived to reject all evidence presented on behalf of the commission of inquiry by the Attorney General for reasons for are not legally tenable”.
The Hon Judge rejected the affidavit by the Secretary of the Commission of inquiry, Dr Douglas Singiza, in matter where the commission was interested party and where the secretary would be a proper witness.
To add salt to injury after rejecting the affidavit of Secretary of Commission , the Judge rejected the earlier affidavit by Attorney General saying he was not employee of Commission.
The Court treated the application of Pastor Daniel Walugembe as unopposed.
On page Seven paragraph 20 of the ruling, the Hon Judge refers to High Court Civil Suit Number 456 of 2016 Daniel Walugembe Versus Attorney General and High Court Miscellaneous Number 1525 of 2016 arising from same suit, where apparently a Judgement of Admission was entered in favor of same applicant.
The Land Probe Commission failed to trace files of suit Numbers 456 and 1525 of 2016, they were informed they are missing from High Court Land Division.
Justice Andrew K Basheija is same Judge who presided over Judgement of Admission.
The Land Probe Commission has also asked the Attorney General to investigate the missing files and how the Judgement of Admission was arrived on behalf of his office to warrant such a judgment.
The cardinal principles in the procedure for Judicial Review is that no person should be a Judge in his own cause.
The Land Probe Commission says Justice Andrew K Basheija is an interested party in this case and cannot be allowed to her this case.
Basheija ordered that Uganda Land Commission pays the agent of Pastor Daniel Walugembe shs 3.7 billions and ordered that Land Probe Commission and IGG have no powers to stop this payment.
This ruling has led President Yoweri Museveni to call the Chief Justice over the role of Judiciary in land matters.
Uganda Land Commission never had an a special account for land fund which led to miss use of shs160 billions met to absent landlords in Bunyoro.
This ruling has led Bibinja holders in asking President Museveni for more powers to the land probe commission.