Court To Summon Asea Over Justice Kania’s land Saga
Justice Rosette Comfort Kania shares a light moment with a relative at Arua High Court shortly after the adjournment on Tuesday
RUA. The Arua High Court Judge, Hon. Lady Justice Harriet Grace Magala, has agreed to issue summons to Augustine Asea to appear in court over a case of land involving Justice Rosette Comfort Kania, a High Court Judge.
Asea is the second counter defendant in the case filed by Justice Kania, shortly after the locals of Biacici village, Yachi Parish, Ogoko Sub County in Madi Okollo district refused to pave way for her to claim full ownership of the land she had bought in the area.
Justice Kania bought the contested land measuring 167.5098 Hectares (about 413 acres) from Asea whom the locals have since accused of obtaining the community land title fraudulently.
Left with no other option, Justice Kania was propelled to file a case at Arua High Court as civil suit number 19 of 2023.
However, the case which was supposed to come up for hearing today, Tuesday, January 21, 2025, couldn’t proceed due to the absence of Asea.
This forced Justice Magala to adjourn the matter to April 22, 2025 pending issuance of summons to Asea to appear in court in person.
“I’m going to ensure that the second counter defendant (Asea) is served this week,” Justice Magala responded to the summons request made by Samuel Ondoma of Alaka and Co. Advocates.
Ondoma is the Lawyer of the defendant, Wilfred Eneku, whose land was also captured in the alleged fraudulent land title.
According to Ondoma, they tried serving Asea twice but he declined service, saying that they should serve his lawyers, Kepo Kazimoto/Kiwa and Company Advocates.
“But when we came to these lawyers, they said no, they had withdrawn contact of this case on his behalf on April 4th last year and so, they can’t come back for that case. They then refused to acknowledge the service of the hearing notice and they said they can’t come to court,” Ondoma told the court.
He later added that: “It was due to the absence of Asea Augustine and his lawyers that the case was adjourned to April 22, 2025 because we need Asea to be present in court so that the case can proceed. But after serving him with a fresh hearing notice with the assistance of court and he doesn’t come, for us we shall apply for judgement and get judgement against him and we follow him by way of arrest to pay our damages and costs.”
Speaking to journalists shortly after the adjournment, Girism Ambayo, one of the landlords of the land in question, appealed to the government to consider cancelling the alleged fraudulent land title which Justice Kania has now transferred in her name after buying the land from Asea.
He maintained that Asea captured and extended ownership of their land including community roads, part of River Alla and drinking water sources in the said title.
John Abeti, another landlord, argued that Justice Kania would have come on ground physically to first see the land she intends to buy before paying Asea.
“If she had come to us first, we would have told her the truth about this land and the truth is, Asea didn’t buy land of such a magnitude from any of us. And besides, unfortunately, part of my own land was equally captured in Asea’s title yet he didn’t pay for it,” Abeti said.
The landlords who initially sold only 23 acres of land to Asea are claiming that the better part of their land has been grabbed in a fraudulent manner.
But when contacted after court, Justice Kania and her lawyer, Renato Kania, declined to comment on the matter to the press.