Justice Kania’s Land Case Pushed to January Next Year
Locals showing part of the contested land in Biacici village recently
ARUA. The case in which the locals of Biacici village, Yachi Parish, Ogoko Sub County in Madi Okollo district, declined to pave way for Justice Rosette Comfort Kania, a High Court Judge to claim full ownership over the land she bought in the area has been adjourned January 21, 2025.
The case was initially supposed to come up for hearing today, Friday, October 18, 2024, but in her wisdom, Hon. Lady Justice Harriet Grace Magala, the Arua High Court Judge, pushed the matter to next year so as to allow the concerned lawyers of the parties involved to file trial bundles and joint scheduling memorandum (JSM).
“Let us get the JSM out of the way please. I also note that this file has no trial bundle for the defendant. Defendant, please file your trial bundle. The trial bundle should be in by the end of this month and also the JSM.,” Justice Magala directed as she adjourned the matter to 21st of January 2025 at 9:00am.
This is the fourth time Arua High Court has adjourned the hearing of the case filed by Justice Kania herself.
The matter now in court arose when the local residents protested the manner in which, a one, Augustine Asea acquired a title for the community land measuring 167.5098 Hectares (about 413 acres) and later sold it to Justice Kania.
As a result, the community has continued to deny Justice Kania rights over the said chunk of land.
Instead, they are demanding the government to consider cancelling the alleged fraudulent land title which Justice Kania transferred in her name after buying the contested land from Asea.
The locals alleged that Asea captured and extended ownership of their land including community roads, part of River Ala and drinking water sources in the title.
The landlords who initially sold only 23 acres of land to Asea are claiming that their land has been grabbed in a fraudulent manner.
But while in court today (Friday), Renato Kania, the Lawyer representing Justice Rosette Comfort Kania, said they are currently constrained by time because he can’t reach the counter defendant, Augustine Asea since his known telephone number is unreachable.
However, Samuel Ondoma of Alaka and Company Advocate, the Lawyer for the defendant, Wilfred Eneku, whose land was also encircled in the alleged fraudulent land title, observed that the hearing is mainly not taking place because the plaintiff (Justice Rosette Comfort Kania) herself has all along never attended court though the defendant together with his witnesses have consistently been appearing in court.
“Secondly, the hearing couldn’t also take place because Asea Augustine from whom Justice Comfort Rosette Kania bought this land has always dodged court. He has also not been appearing for all this time. He (Asea) has instructed a law firm, Kepo Kazimoto and Company Advocates to come and represent him, but unfortunately, we have been informed today that Kepo has withdrawn instructions, he says he has lost touch with Asea Augustine,” Ondoma said.
“So, both Asea and the Lawyer were not there and we can’t proceed with the hearing without them. So, we have been instructed to serve them and we shall do all our best to see that they are both served. If the other lawyer of Asea withdraws, he actually needs to inform the court in writing that he has withdrawn, but he has not yet done that,” Ondoma stated.
Ondoma promised to redo the JSM within the given ultimatum as directed by court so that the hearing of the matter can commence.
The case, now pending hearing, was filed at Arua High Court last year as civil suit number 19 of 2023.