A group of residents in Lyantonde District are spending sleepless nights after finding out that they are to pay Shs2.5 billion in legal fees for losing a land case against city businessman Ben Kavuya.
In their ruling about two weeks ago, Court of Appeal Justices Christopher Madrama, Irene Mulyagonja and Cheborion Barishaki overturned a previous High Court decision that would have seen the mogul lose 714 hectares (about 400 acres) that include his upcountry home and commercial farm.
After Kavuya’s victory in the Court of Appeal, a Shs2.5 billion bill of costs has been delivered to Court of Appeal that the residents of Kabula in Lyantonde will have to pay.
The party that lost the case, are Byaruhanga Kasirye and Godfrey Kato as the administrator of the estate of the late Bulasio Kamanzi; and James Nzabamwita and James Rebero as administrators of the estate of the late Gelvas Nyiringabo. Others are Edward Rutaaba, Robert Kamunini and Yosam Mugisha as administrators of the estate of the late Samwiri Rwitirinya.
However, the case has been blamed on their lawyer, who is said to have dragged them into the matter.
Mr. Kavuya was defended by Mwesigwa Rukutana whilst the Lyantonde residents were represented by city lawyer, Rwalinda Godfrey.
But Mr Rwalinda denied the claims that he personally went to Lyantonde to source affected locals to represent them.
“They are people who had the land title, and they came to my office for legal advice and we filed the case for them.”
The lawyer also says that he will appeal the court’s decision, and believes has a strong case for the Supreme Court.
“We think, it wasn’t a fair decision, although we won partially,” he says.
Mr. Ben Kavuya had previously purchased 714Hectares in 1994 and consequently went to develop it as a commercial farm and upcountry home. In 2015, it’s reported that City Lawyer Rwalinda Jambo Godfrey, Jambo & Company Advocates, convinced the residents there that their land had been encroached upon.
It remains to be seen how the Lyantonde residents, whose economic activity is mostly subsistence farming, will pay the 2.5 billion bill of costs.
Mr. Kavuya has always sought to contribute to the social and economic development of Lyantondde district. In 2018, in a function presided over by the then Vice President, H.E Edward Kiwanuka Ssekandi, Mr. Kavuya donated a Health Cente 3 to Lyantondde, to supplement the Government’s efforts to improve health service delivery.
Relatedly Mr. Kavuya built and donated another health centre 3 facility in Kebisoni, Rukungiri district in a deliberate effort to bring closer, health services in Western Uganda.
Mr. Kavuya is the Chairman of East African Medical Vitals, Africa’s 1st surgical and medical gloves manufacturing factory, a Ugandan company that manufactures high quality, latex, powder-free medical gloves (examination and surgical), vital medical consumables in health facilities.