Eighty-year-old woman appeals to government over missing file in land case

Rubanda, Uganda | THE INDEPENDENT | Sikora Kokyenga, an 80-year-old woman in Rubanda district who planned to appeal a land case that she lost to her nephew, Furugence Kanyamugara, is stuck due to the disappearance of the file from Kabale High Court.

Kokyenga had planned to appeal a land case involving 25 acres of land located in Kagunga village, Nyaruhanga parish, Ikimba sub-county. She had previously won the case against her nephew, Rozio Sebugwaho, a prominent businessman in Ikumba sub-county, in civil suit number 071/2005.

In 2016, Kanyamugara, sued her for trespassing on the same land forcing her to try and secure a copy of the original ruling as evidence for the new case. However, when Kokyenga contacted the Kabale High Court to acquire a copy of the ruling, she was informed that the file had gone missing.

A letter from Kabale High Court, dated July 25, 2023, signed by Assistant Registrar Henry Twinomuhwezi, confirmed that the file may have been lost when the High Court was relocating its operations from Makanga Hill to Kikungiri Hill in February 2017.

Despite explaining the situation to Kabale Magistrates Court, Kokyenga was shocked when the Chief Magistrate, Gordon Muhimbise, issued a ruling in favor of Kanyamugara, ordering her eviction and the payment of sh5 million in damages to the plaintiff. Kokyenga claims that the land was inherited from her late biological parents, Alben Mugorora and Margarita Beiragura.

She now says she is seeking government intervention to pressure the Kabale High Court to recover the missing file so that she can appeal to higher courts.

Mariam Mwiza, the executive director of Overseas Workers Voice Uganda, a human rights organization, is working with her

Mwiza has questioned why Beitwenda and Company Advocates, a law firm that initially represented Kokyenga and won against Sebugwaho before the Kabale High Court, later acted on behalf of Kanyamugwara against Kokyenga before the Kabale Chief Magistrate. This raises concerns about a lawyer representing a case against their former client, which is against legal regulations. Mwiza calls for a review of the case with a competent magistrate.

Ereemye Mawanda, the Judiciary Communications Officer, stated that it is not the Judiciary’s policy to have files missing and that the court registrar’s office at Kabale High Court has been informed to investigate the matter.

He mentioned that the file could be misplaced but not entirely missing. Regarding the absence of an online copy of the ruling, Mawanda explained that the online method of keeping rulings is currently implemented in specific areas, not yet including Kabale.

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URN