The Masindi Assistant commissioner of police in charge of fleet management, Franklin Kugonza, faces interdiction and possible dismissal after losing appeal in a criminal trespass case filed against him.
In 2010, Asaaba Jaiden sued Tegras Byeitima, a businessman in Masindi; Rajab Rugadya, a resident of Kisiita Cell and Franklin Kugonza, the Assistant commissioner of police for criminal trespass and malicious damage.
His case was dismissed by Justice Lawrence Ochan, formerly a resident judge at Masindi magisterial court, after being treated as civil rather than criminal.
Jaiden then proceeded to High Court and through his lawyer Tugume Byensi and Company advocates, filled an appeal.
Jaiden told this reporter that he was not satisfied with the ruling made by Justice Ochan.
Cop rushes to court to block appeal
The cornered Kugonza together with his father, Tegras Byenkya who is a Masindi based tycoon and Rugandya, another suspect also filed an application through their lawyers Lubega Tumwesige and company advocates seeking to block Jaiden’s appeal.
The three made a civil application No.2064 of 2013 in High Court saying Jaiden, a taxi driver along Masindi-Kafo road who is also a resident of Kisiita Cell, Central division of Masindi municipality, had not filed his appeal in time.
Unfortunately, High Court threw out the trio’s application and insisted Kugonza must be tried.
Eventually on Friday 23rd October 2015 at 9:00am, a panel of three judges including; Justice Aweri, Justice Mwangushya and Justice Remmy Kasule delivered a ruling rejecting and dismissing trio’s application saying that it lacked merit.
The three Judges said an application that was brought by Jaiden should proceed and be heard without any further delay on merit adding that, the costs of the application shall abide by the outcome of civil appeal No.21 of 2014.
That means he will be asked to step aside pending dismissal once the case kicks off.
Jaiden told us he had nine witnesses, before one of them by the names of Perez Isingoma died and doesn’t intend to give up easily.
“My opponents never had any witnesses because they are known for grabbing land at the village. I was not given a chance to be heard.”
Jaiden attributed his victory to his lawyer who effectively represented him in the case and residents of Kisiita who have always stood by his side in court to testify against his opponents who want to grab his land because “they are rich”.
“I am sure I will win the appeal because I have all the evidence and I am sure at this level, Kugonza, his father Byeitima and Rugadya have no way they can bribe judicial officers or else they risk being arrested,” Jaiden confidently stated.