1st Client: ISEMBALEKA NASON V Kabugho eresi
2nd Client: KABUGHO ERESI V Makoma Robert.
UCLF Officer in charge: Mbusa Apollo
A client was referred to me from Kisinga magistrates Court in the name of Isembaleka Nason who alleged that in the year 2021, he bought a plot of land at Kirembe Cell in Kasese Municipality from one Kabugho Eresi and it later turned out that the land never belonged to her as someone called Kisabu claimed the same and could not allow him to develop the said land and that upon being stoped by the said person, he immediately notified Kabugho Eresi about the same and that since then Kabugho Eresi has never settled the matter or refunded his money besides several demands and attempts to settle the matter amicably through her family members, however upon presenting the agreement, I found out that the seller was not Eresi as alleged but her late husband one Muthoboloho Selly and Kabugho Eresi was a mere witness on the sale agreement and upon asking him why he prefered to sue Eresi he told me that Muthobolho Selly died and since Eresi was the wife he thought that he would sue her because they were together at the time he bought.
However I advised him that he had no cause of action against her save the administrator for the estate of late Muthobollho but I told him that we will engage her through mediation and if she accepts liability by consenting it shall be to his advantage.
I drafted mediation hearing notice addressing it to Kabugho Eresi and the Administrator of the Estate of late Muthobolho.
On the scheduled date for mediation, Kabugho Eresi appeared and testified that, it’s true her late husband sold the land in dispute to our Client and that they had also bought the same in 2017 from one Makoma Robert and that they sold the said land to our client in order to raise school fees for their children and that after selling the said land to our Client they received a complaint from our Client Isembaleka Nason that he had been stopped by one Kisabu from developing the said land and that he wanted refund of his money.
That in the course of the dispute her husband died and since then she has severally tried to approach Makoma Robert to compensate her in order to also settle our Client but in vain.
The woman (Kabugho Eresi) cried during mediation expressing how she was unable to pay back our Client’s money while willing to do so and testified that it was not their intention to sell our Client a land in dispute save that they were also duped by one Robert Makoma, nevertheless she accepted and entered into consent settlement with Isembaleka Nason our Client.
Upon hearing her story I counseled and Sympathized with her and promised to assist her and follow up the matter until she gets justice and in her case with one Makoma Robert she became our Client .
I asked for the phone contact for one Makoma Robert and approached him on phone and during the phone conversation we agreed on mediation date and during the said mediation, Makoma Robert’s relatives bailed him out by giving him part of their family land to compensate the Widow (Kabugho Eresi) a consent settlement was signed and a memorandum of understanding executed in exchange of the plot.