HIRED GUN? Court tells lands minister Mayanja to stay in his lane, declares his directives irrational & illegal
The High Court in Kampala has ruled against State Minister for Lands Dr. Sam Mayanja, stating that he is overstepping his authority by issuing illegal and irrational directives.
These include ordering the police to prefer specific charges against individuals involved in a land dispute and ordering that they not be granted bail.
The errant minister has also been slammed for undermining court processes by interfering with land matters that are already before competent courts of law.
According to a May 9, 2025 ruling by presiding Judge of the Kiboga High Court Jamson Karemani, in doing so, Mayanja is undermining roles of the office of the Director of Public Prosecutions (DPP), police and courts of law.
This ruling stems from a land dispute between Kanaba Estates and Agencies Ltd and residents in Kiboga District led by one Issa Mugerwa and 85 others.
The suit land is comprised in Plot 40, Singo Block 746, Kiboga at Bwaba, Kanamwera, Kiboga District (now Kyankwanzi District), measuring approximately 1011.0, with Kanaba Estates and Agencies Ltd registered as owners.
However in 2020, one Issa Mugerwa and 85 others filed a suit vide Mubende High Court civil suit no. 17 of 2020 (now Kiboga High Court civil suit no. 029 of 2024) whereby they claimed inter alia that Kanaba Estates and Agencies Ltd had fraudulently acquired the suit land and prayed that the certificate of title be cancelled.
But court held in favour of Kanaba Estates and Agencies Ltd and made several orders. The plaintiffs appealed the decision vide Court of Appeal no. 767 of 2024 and Kanaba filed a cross appeal. The appeal case is yet to be determined.
However, minister Mayanja, in total disregard of these court proceedings, on January 16, 2025, went on ground, quashed the Judge’s findings, conclusions, and orders and rubbished the whole trial and contemptuously directed the cancellation of suit land title.
He also put the same directives in writing through a January 23, 2025 letter to the RDC of Kyankwanzi ordering cancellation of a land title and directing police to arrest the director Kanaba Estates and Agencies Ltd on trespass charges.
KANABA AGENCIES PETITIONS COURT
Shocked by Minister Mayanja’s actions, Kanaba Estates and Agencies Ltd bosses rushed to court for a judicial review.
Mayanja was sued together with the Attorney General.
“That to the applicant’s utter dismay and consternation on the 16th day of January 2025, the first respondent in the company of a one Phiona Barungi, a senior presidential assistant (special duties) attached to State House, Entebbe and in company of several other government officials and chiefs of the area convened an impromptu public rally at the suit land at which the 1st respondent (the minister) conducted a draconian summary hearing of the purported resident complainants in respect of the suit land and made contemptuous pronouncements which in effect rubbished the above judgment and the whole hearing,” court documents read in part.
“That at the said public rally, the first respondent (the minister) directed inter alia that the applicant’s certificate of title had been obtained through fraud and it ought to be cancelled and the managing director should be arrested on sight and that the occupants should resist any eviction from the suit land and they should freely occupy the rest of the suit land as they were purportedly bonafide and lawful occupants,” they add.
ILLEGAL & UNLAWFUL
In his May 9, 2025 ruling, Justice Karemani found that Mayanja’s actions constituted an unlawful interference with the DPP’s and police’s constitutional roles.
“It is my considered view that it is not in the first respondent’s (Minister Mayanja) mandate to direct the preferring of charges against any person or to order that police grant no bond to any suspect. This would be a violation of the rights of those individuals arrested,” ruled Justice Karemani.
He added: “It also amounts to interference with the constitutional mandate of the Director of Public Prosecutions and Uganda Police Force.”
“At most, he (the minister) would direct the police to investigate, and if there were any offences committed, then it would be the Director of Public Prosecutions to prefer charges against the culprits. The directive to charge and not to grant a police bond was unlawful and irrational,” the judge further held.
The court found that Mayanja’s directives violated the rights of the applicants, specifically the right to a fair hearing.
“I therefore find that failure by the 1st respondent to accord the applicant a hearing and by making directives that affected a decision earlier made by court amounted to an illegality and impropriety,” Justice Karemani observed and further quashed Mayanja’s January 23, 2025 letter, deeming his orders irrational and illegal.
“The 1st respondent by directing for the cancellation of the certificate of title in matter which had been adjudicated upon and determined by a court of law and is currently on appeal, he acted ultra vires and illegally,” he ruled.
ORDERS
“Therefore, this application succeeds with the following orders: A declaration that the first respondent’s (Minister Mayanja) directives vide Ref LAD 90/196/310 dated 23/1/2025 is illegal, irrational and procedurally improper.
“An order of certiorari doth issue quashing the decision/directives of the first respondent contained in the letter Ref LAD 90/196/310 dated 23/1/2025 addressed to the Resident District commissioner, Kyankwanzi District and copied to various offices.
“An order of prohibition doth issue restraining the respondents and their agents from implementing the decision of the 1st respondent in so far as it affects the decision in HCCS No. 029 of 2024.
“A permanent injunction doth issue restraining the respondents and their agents from implementing the decision of the 1st respondent in so far as it affects the decision in HCCS No. 029 of 2024,” the judge ruled.
MAYANJA REPEATS SAME MISTAKE IN LYANTONDE
A month following this ruling, Minister Mayanja repeated the same mistakes in another land dispute in Kabura, Lyantonde District.
Instead of leaving the matter for court to handle, the minister on Tuesday, June 24, 2025, stormed Kakoma village in Kabura-Lyantonde district accompanied by over 50 policemen, overlooked, trashed all court decisions and oversaw a violent eviction of lawful land occupants.
His actions have since put the judiciary on a collision path with the executive. The development highlights the ongoing challenges in Uganda’s land sector and the need for careful consideration of the role of the executive in matters pending before the courts.
The 523 hectares suit land comprised in Leasehold Register Volume MSK 340 Folio 18 Plot 5A Ranch 5A is being contested between the beneficiaries of the estate of late Mzee George Muhoozi who are Stephen Owamazima, Mable Muhoozi and Dennis Musinguzi Vs SSP Sarah Mwesigwa, Thabani Muhamond Amin and Fourways Investment Limited.
The late Mzee George Muhoozi family assert occupation of the land for over 40 years (since the early 1980s), purportedly with the consent of a prior owner, Roy Sebastian Katongole Zavuga. Ironically, they now feel minister Mayanja has been influenced (by power, fame and money) to act against the law which protects them from eviction.
In Uganda, the 1995 Constitution and the Land Act (Cap 236) recognize and protect the rights of lawful and bona fide occupants on registered land, including mailo, freehold, and leasehold tenures.
In this case, the late Muhoozi family claims to have been on the property since the 1980s grazing their cattle while enjoying the status of bonafide occupants. A one Thabani Muhamond Amin is said to have obtained the certificate of title of the same land in 2017. He later transferred the land to Fourways Investment Limited.
This means at the time of issuance of the said land title, the late Muhoozi family was in occupation of the same.
This implies that both parties have interest in the land and the matter is already before Masaka High Court vide Civil suit No. 06 of 2025 (Stephen Owamazima Dennis Musinguzi and Mable Muhoozi Vs Sarah Mwesigwa, Fourways Limited and Muhamond Thabani as defendants) which is pending determination before Her Worship Loe Karungi.
The defendants countersued, seeking to evict the late Muhoozi family. They as well applied for a temporary injunction which succeeded but the judge did not issue an eviction order.
Nevertheless, the late Muhoozi family through their lawyers of Dentons (Kyagaba & Otatiina Advocates) and Kiyonga-B-Asasira & Co. Advocates appealed the temporary injunction and went on to maintain the status quo on ground until the court process is concluded.
This is the same view that was held by senior lands and housing minister Judith Nabakooba. In a letter dated 2nd April, 2025 and addressed to the Inspector General of Police amidst eviction threats against the late Muhoozi family, she advised that the matter being in court, the status quo be maintained and that parties should allow the court process to run its course.
In a twist of events, the defendants (Sarah Mwesigwa, Fourways Limited and Muhamond Thabani Amin) interpreted the temporary injunction ruling as an eviction order.
To them, the late Muhoozi family was supposed to vacate the land immediately. They went on to file an application seeking to hold the former in contempt of court vide M.A 183 of 2025 and hearing is scheduled 3rd of July 2025.
RUNS TO MINISTER MAYANJA
Curiously, the same defendants, instead of waiting for court to convene and deliberate on the late Muhoozi family appeal and contempt of court applications on 3rd July, they instead ran to minister Mayanja alleging that the late Muhoozi family is in contempt of a court order.
Mayanja, without summoning both parties to listen to them before making an informed decision, he hit the ground running.
“The Minister listened only to the defendants (Sarah Mwesigwa, Fourways Limited and Muhamond Thabani Amin) and that was all. He never bothered to invite the late Muhoozi family members, nor their lawyers. That tells you where his interests are!” A family member of the late Muhoozi observes.
Indeed on 20th June, Mayanja informed the Lyantonde RDC that he would conduct a ‘locus in quo’ visit on the suit land on Tuesday, 24 of June 2025 at 12:00 noon.
“I will also sensitize the wanainchi on their land rights as set out in the constitution, Land Act and Presidential Directives. You are accordingly directed to make appropriate arrangements to make this visit a success. Mobilize widely,” the minister informed Lyantonde RDC.
The visit was protested by the late Muhoozi family through their lawyers of Dentons (Kyagaba & Otatiina Advocates) and Kiyonga-B-Asasira & Co. Advocates citing concerns over judicial independence, natural justice, and collective responsibility.
The visit was also viewed as executive interference with the independence of the judiciary. The lawyers argued that the visit would prejudice ongoing court proceedings in Masaka High Court Civil Suit No. 6 of 2025, which involves the late Muhoozi family and SSP Sarah Mwesigwa, among others. They contended that the court has exclusive jurisdiction to visit the locus in quo under Order 18 Rule 14 of the Civil Procedure Rules.
“Given the pending proceedings, any administrative or quasi-judicial action touching the merits or character of the land dispute such as the proposed visit risks prejudicing or undermining the authority of the Court. Moreover, as the matter is before a competent court, the power to visit the locus in quo lies exclusively with the Court under Order 18 Rule 14 of the Civil Procedure Rules. Any parallel visit could be interpreted as an Intrusion into the judicial process,” the lawyers argued.
The visit also raised concerns over bias and natural justice, noting that the late Muhoozi family was not served with a copy of the petition by SSP Sarah that prompted the minister’s intended action and was not offered an opportunity to respond. This, they argued, offended the principle of audi alteram partem and contravened Article 42 of the constitution.
“This conduct gives rise to a reasonable apprehension of bias, which further undermines the legitimacy and fairness of the proposed visit. As a Minister of State, it is incumbent that you act impartially and to avoid actions that cast doubt on that neutrality,” the lawyers opined.
Furthermore, the lawyers pointed out that the minister’s actions contradicted earlier guidance by his senior colleague -the cabinet minister for lands, Judith Nabakooba, who advised maintaining the status quo and allowing the court process to run its course.
They also cited a recent judicial precedent, Misc. Cause No. 1 of 2025, where the High Court found a similar ministerial conduct by Mayanja unlawful.
“Under the principles of collective responsibility as enshrined in Articles 113, 114, and 117 of the Constitution, we respectfully submit that it is inappropriate for a Minister of State to contradict or reopen a matter already addressed by the substantive Cabinet Minister. We finally refer to the recent ruling in Misc. Cause No. 1 of 2025 – Kanaba Estates & Agencies Ltd v Hon. Sam Mayanja & Attorney General, where the High Court at Kiboga found the Hon Minister’s conduct unlawful and issued Judicial Review remedies for interference with a matter that was properly before court. This precedent further supports the position that the intended visit under similar factual circumstances would be legally impermissible and likely to attract similar legal consequences,” the lawyers pointed out.
MAYANJA IGNORES ADVICE
Despite this advice, on Tuesday, June 24, 2025, Minister Mayanja, accompanied by over 50 policemen, stormed the disputed land and directed a violent eviction of the Muhoozi family.
The eviction saw over 600 heads of cattle removed from the ranch land, with reports of locals stealing and slaughtering some of the animals. Graders were also brought in to dig, and SSP Sarah Mwesigwa’s group was allowed to take over the land, a decision with far reaching consequences.
The minister, who supervised this violent-unlawful-eviction up to 7pm, also ordered the arrest of one of Muhoozi family members-Stephen Owamazima.
SSP SARAH INTERESTS ON THE LAND QUESTIONED
The involvement of SSP Sarah Mwesigwa in this land saga has remained a mystery. Unconfirmed reports indicate that she is just a mere land broker always targeting land with questionable ownership.
Our investigations show that SSP Sarah Mwesigwa has no proprietary interest in the disputed land. A quick search at the ministry of lands shows Four Ways Investments Ltd as the registered proprietor of the suit land, in which SSP Mwesigwa holds no shareholder or directorial position.
“Our clients have occupied continuously since the 1980s and are therefore lawful occupants,” the late Muhoozi family’s lawyers stress.Unconfirmed reports allege that other authorities like military generals are also applying pressure on the judiciary and local administrative authorities to influence them in favour of SSP Sarah Mwesigwa, Fourways Limited and Muhamond Thabani Amin.
This is a matter this publication is keenly following and we shall be revealing more shocking details in consequent publications.
Mayanja’s action raises questions about the Minister’s commitment to upholding the principles of natural justice and procedural fairness in his decision-making process.
Efforts to reach Minister Mayanja for a comment were futile by press time.
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