Senior police officers face arrest over alleged defiance of court orders

Two senior police officers are facing possible arrest and imprisonment after being accused of defying court orders by allegedly aiding the forceful entry and attempted eviction of occupants from a disputed piece of land in Kampala. The application, filed before the Land Division of the High Court, seeks contempt proceedings against Commissioner of Police James Kusemererwa, the head of the Land Protection Unit, and Superintendent of Police Sam Suubi, the Division Police Commander of Kira Road Police Station. “A declaration be issued that the respondents are in contempt of the injunctive orders issued by this honourable court on March 16, 2021 in miscellaneous application 1743 of 2020,” the court document reads in part. It adds,

“An order that the contemnor be appropriately punished through the imposition of a fine of Shs950 million as a sanction for contempt of court,” reads an application also seeking another order that the accused be arrested, detained and committed to civil prison for disobeying lawful court orders. The officers are accused of disregarding injunctive orders issued by the High Court on March 16, 2021, in a dispute involving ownership and possession of land located on Kyadondo Block 216. In its application, MKS Limited is seeking a declaration that the respondents acted in contempt of court and should be sanctioned for allegedly violating the orders.

Allegations of forceful entry

The case was brought against the two police officers jointly with Ms Justine Lusiya Nabuuma, Imran Turyagyenda, Yusuf Semugabi and Denis Mugabo, also known as Kiryewala. According to court records filed through R Mackay Advocates, MKS Limited claims lawful possession of land formerly comprised in Kyadondo Block 216, Plot 4478, which was subsequently subdivided into plots 4991, 4992 and 4993. The company contends that despite being aware of existing court orders preserving the status quo on the land, the police officers proceeded to interfere with its occupation and attempted to evict its tenants.

"The respondents' actions constitute deliberate and willful disobedience of a lawful court order," the company states in its court filings. In a sworn affidavit, the company's managing director, Ms Shamim Masembe, alleges that on June 8, 2026, the accused persons, with the assistance of the two police officers, forcefully entered the property while armed with hammers, firearms and a crane. "Despite full knowledge of the court order, the respondents forcefully entered the suit land and attempted to evict the tenant of the applicant," Ms Masembe states in her affidavit. The company further argues that the alleged trespass extended beyond Plot 4992 and affected portions of Plots 4991 and 4993, all of which form part of the land under its occupation.

According to the application, the respondents cannot rely on boundaries created through the disputed subdivision to justify their actions because MKS Limited's occupation of the land predates the subdivision process. The company contends that the alleged actions were intended to defeat the purpose of the court injunction and undermine the authority of the Judiciary. In the substantive suit, MKS Limited is seeking declarations that the cancellation of its land title was unlawful and that the registration of Ms Nabuuma as proprietor of the disputed land should be cancelled. The company is also seeking orders reinstating it as the registered owner of the land and a declaration that it is a bona fide purchaser for value without notice of fraud.

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