UPDF Generals pull out of Mubende land case
A photo montage of Generals Gureme(L) and Kyanda
Two Uganda People’s Defence Force (UPDF) Generals have curiously pulled out of a land case they had instituted against civilians.
They are Maj.Gen Leopold Kyanda and Brig.Gen Matthew Gureme.
This publication can authoritatively report that in 2023, the two Generals alongside civilians Frank Kamulari Kinwa, Abudu Sserwadda and Haruna Kanyankole as plaintiffs instituted a land case at Mubende High court civil suit NO.66 of 2023 against civilians Dr.Apollo Buzare Turyamusiima and wife Juliet Turyamusiima Buzare.
Other defendants are Buzare Investments limited, Mubende district land board and the Commissioner land registration.
Gen.Kyanda who was then Joint Chief of Staff of the UPDF and Gen. Gureme then the UPDF Chief of Training and Recruitment used the services of the UPDF legal department to handle a matter which was deemed personal.
The case rotates around a three square miles ranch located in Mubende initially owned by Apollo, wife and their company Buzare Investments limited under a lease arrangement.
When the lease was about to expire and while in the process of applying for renewal, the two Generals alongside three civilians allegedly laid claim on the same ranch.
The matter went to court when they found Apollo had already applied for renewal.
U-TURN
In a twist of events, the two Generals have curiously withdrawn from the suit.
This decision was communicated to the Deputy Registrar Mubende High Court in a letter dated 25th March, 2024 by UPDF’s legal department.
“We represent Major General Leopold Kyanda and Brigadier General Matthew Gureme in Civil Suit No. 66 of 2023.
If it pleases this Honourable Court, on the 21 day of March 2023 before the learned Deputy Registrar we informed the Court in the presence of all Counsel in this matter that the 1st Plaintiff and the 1st-3rd Defendants effected a consent withdrawal with no order to costs pending the filing of the formal consent agreement,” the letter from the UPDF Law Chambers-Chieftaincy of Legal Services signed by Lt.Archilles A Bwete reads in part.
It adds: “Your Honour, in the spirit of Article 126 (2) (d) of the 1995 Constitution and Order 25 rule 2 of the Civil Procedure Rules S.1 71-1, now the formal consent withdrawal agreements have been executed between the 1st, 2nd Plaintiffs and 1st, 2nd and 3rd defendants in the presence of their respective Counsel with no order to costs and filed before this Honourable Court.”
It further goes on to implore and conclude: “Your Honour, considering that the 4th and 5th defendants did not file Written Statements of Defence or any pleadings whatsoever it therefore, follows that the 1st and 2nd Plaintiffs’ claims are ipso facto withdrawn in respect to the 4th and 5th Defendants.
“Your Honour, we pray that this Honourable Court be pleased to acknowledge and seal the consent agreements and that the 1st and 2nd Plaintiffs’ claims are withdrawn against all Defendants in Civil Suit No. 66 of 2023.
“We were equally instructed to pray that the 1st and 2nd Plaintiffs’ names be expunged from further pleadings and correspondences in the prosecution of Civil Suit No. 66 of 2023. We humbly pray.”
The two Generals did not survive last month’s UPDF reshuffle made by President Yoweri Museveni, who is the Commander-in-Chief of Uganda’s armed forces.
Kyanda was appointed Defence attaché at a mission yet to be named while Gureme was sent to Tanzania as military Attache.
It is not clear if their conduct in this land matter had any bearing on their transfer.
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