Mutenyo Abiyasi 76 years old widow can now enjoy her land without any threat and fear of being arrested by the Police.
Abiyasi is a widow to the late Nalwende Temusewo who died in 2018 leaving behind two pieces of land in Namisindwa district. Abiyasi’s late husband was also the caretaker of another piece of land that belonged to his nephew and niece, the respondents in this case. However, before Temuseo died he sold that piece of land to another clan mate without notifying Abiyasi of the sale. Abiyasi learnt of this transaction after her late husband was buried when the respondents accused of her of being an accomplice in the illegal sale.
Abiyasi was arrested and detained at, Buwabwala Police Post on a charge of Obtaining Money by False Pretenses. One of her sons Laban, shared this story with a FIDA CLV who referred them to FIDA office where they sought assistance.
FIDA staff offered, Abiyasi and her son Laban legal advice and invited the respondents for a mediation by a letter through the LC I Chairperson.
As a result of FIDA’s intervention, Abiyasi’s interest in the two pieces of land left by Abiyasi’s late husband is now secure now and she is in physical possession of the land. She was absolved of any wrong doing in the sale of the land by her late husband.
A follow up visit was made to Namisindwa district on 19th March 2020 and the FIDA team found a contented Abisayi, she was cultivating her land and she confessed to peace of mind and to having the ability to take care of her granddaughters who have since been re –enrolled in school
In her own words Abiyasi said,
“Thank you God for sending FIDA to help a poor old widow, I can now cook food in my house and eat with my grandchildren and sleep without fear of being arrested by the police. I can also afford to look after my grandchildren.”
The LC I and LC II l leaders appreciated FIDA for protecting the rights of vulnerable widows like Abiyasi
Kamwine Molly gets custody of her child
The client in this matter, Kamwine Molly, reported a custody case to FIDA-U Mbale office. She is a widow with three children. She was denied access to her only son that was forcefully removed from her. After several attempts to settle the dispute failed, she approached the Family and Children Court in Mbale for redress where she was referred to FIDA-U Mbale office for legal redress on March 17, 2020. Since the properties and the children were in Kween district, which is nearer to Kapchorwa than Mbale, the FIDA Uganda Mbale office referred the client to Kapchorwa office for legal assistance.
When she approached the Kapchorwa office, Kamwine, the respondent and other family members as well as Local Council 1 Chairman were invited for a tele mediation due to the COVID presidential directives and restricted movement. This was done through the LC I Chairman who gathered all the parties together and a conference call was held. The respondent was hesitant to let go of her grandson. Our legal officer then explained to her the rights of the children under the Children Amendment Act 2016. She agreed to handover the child to our client. The Chairman was guided by the legal officer to draft a simple memorandum of understanding, which was signed by both the complainant and the respondent and witnessed by the LCI Chairman. Kamwine walked away happily with her son and the LC1 appreciated FIDA for our intervention even while working remotely during the lockdown.
Karanabite Falazia’s success story
Karanabite Falazia our client reported a land and family dispute matter where her husband the respondent had sold their family/burial ground) to a third party through the LC I chairperson.
The Kabale team invited the respondent and the buyer of the land for mediation on numerous occasions but they refused to show up.
A locus visit was organised and conducted to ascertain the allegations and followed with a written notice of intention to sue. Through the LCII, a Bataka meeting was called to address the matter. The meeting morphed into a community mediation where we had an opportunity to educate the community on land rights. The Bataka gave a brief history on the land which informed our subsequent awareness sessions.
Both parties later agreed that the balance on the purchase price be given to our client and children so they can forfeit their rights to the land in question.
Falazia used the proceeds to recapitalise her daughters as a partner in the restaurant business to improve their economic situation.
The Bataka have since been coordinating with the FIDA team on land justice awareness sessions and general legal education.
FIDA Uganda helps Avutiro Mildred regain her land rights
Avutiro Mildred is a 48-year-old teacher, married with three children and resident of Katrini Sub-county. She came to the FIDA Arua office and shared this with the clinic staff:
“I got married to my husband in 1991 when I was only in senior 2 and my husband was in senior three. We both started farming to sustain the family and develop, we both managed to continue with our education and my husband acquired a diploma in secondary education while I had a certificate in primary education, we are both public servants under the ministry of education and sports. We also managed to construct a seven-roomed house, which is being rented.
In 2011, I asked my husband to get a piece of land available for sale so that we can buy as a family and increase our development. He eventually got land at one hundred and seventy thousand (170,000/=) shillings only, I gave him the whole amount to purchase the land which he did. I was not present during the transaction and he neither did he give me the purchase agreement. I constructed a five-roomed house on it, in which we
reside. Our problem started in 2017 when my husband started denying me access to my backyard where I used to plant food crops because he wants to construct a house for his second wife on the same portion. My children were denied access to the seven roomed house and neither does he give me the proceeds from the rents collected.”
FIDA Arua office scheduled a mediation and invited the respondent (her husband) to have the matter resolved amicably. During the mediation, the parties were counseled and given legal advice on family property rights. The parties then reached a settlement and a memorandum of understanding signed, showing that the respondent acknowledges receipt of his wife’s (client) money in 2011 for the purchase of the land, and that the sale agreement shall be drafted with her (client’s) name included as a co-buyer of the whole piece of land. She has since been allowed to access proceeds from the rental units
She regained her rights over her land and documents too and was grateful for FIDA’s intervention.
Chelimo Sophy gets joint custody of her child and Maintenance for her children
She reported a custody and maintenance case to the office and stated that she cohabited with the respondent and had three children. Her husband has since abandoned her for another woman. He later took her son under the guise of finding him a different and better school. He later denied her access to the child. She approached the Magistrate GI Kapchorwa for legal redress. He referred her to FIDA-U Kapchorwa office for legal assistance.
Through mediation, the respondent was educated on the role and responsibility of both parents for in raising their child,
The parties reached an agreement to have joint custody of all their children, provide maintenance and shelter to his family.
The respondent has since fulfilled all his commitments as was outlined in the memorandum of understanding.ff
FIDA resettles a child born in captivity
On 13th and 18th February 2020, the FIDA team visited the paternal family of Canorgura Steward at Awach S/C, a child born in captivity to re-unite and settle him with his family members.
With support from War Victims and Children Networking (WVCN), a detailed narrative of the child’s birth was given and of his father while in captivity. Even after two decades after their return, children born in captivity and their mothers continue to suffer rejection and yet with limited support for their reintegration from the duty bearers.
It took a series of meetings to convince the family to accept their child. On 20th February, the child in question was accepted by his family members and settled with his paternal uncle. They are grateful for FIDA-Uganda’s intervention
Ayogera Beatrice protects her inheritance through FIDA legal assistance
On 30th January 2020, a young lady an orphan by the names of Ayogera Beatrice came to FIDA Kamuli office to rescue a piece of land that was left by the to her by her father.
Her uncle Mugozi Juma with whom she shares a boundary had encroached onto her portion-removing boundary marks with the intention of grabbing part of the land. In Busoga region, without a boundary mark (commonly known as birowa) you are perceived to have no land and as such one cannot sell or deal with it in any way. Removal of boundaries is a big source of conflict in the Busoga region.
She sought help from FIDA Uganda.
FIDA legal officers worked with her and the local council for boundary marks to be planted, which was done on 12th/3/2020. She has since been able to reclaim her portion of the land and has grown sugarcane on it as an out grower in a bid to improve her economic standing
Defilement case got sanctioned after
On 24th/2/2020, we registered a case of defilement from a one Ms. Wagugwe Fatuma who complained that her 15-year-old daughter was defiled by a 20-year-old man, Faziri Muwereza). The file had been sent to the Resident State Attorney (RSA) for sanctioning but it was not proceeding to court for hearing. Additionally, the suspect had been granted bond at police and Ms. Wagugwee felt that there was no justice being served at all.
The FIDA team Kamuli engaged with OC CID of Kamuli Police Station and ensured that all the evidence was on the file. Our Legal officer went to Resident State Attorney to give account and ensure that Ms. Wagugwe Fatuma’s file was immediately sanctioned. The first hearing commenced on 9th March2020.
Ms. Wagugwe was pleased with FIDA Uganda intervention for following up on the case and is more certain that the due process will fetch her the desired justice for her daughter.
Successful Child support case - Bambi Susan v Mugomba
The complainant had a relationship with the respondent and begot one child Michelle Mercy Kulwenza aged two years at the time of reporting the case. FIDA –U facilitated the DNA test and it proved the respondent was the father of the child. Through mediation,
1. Respondent agreed to provide a monthly upkeep
2. Both parties agreed on sharing the responsibility of providing medical access for the child.
3. On education, upon reaching a school going age, the respondent agreed to pay school fees and meet the cost of school requirements
Successful Child support - Betty Lyavaala v Mugisha Julius.
The Client had a relationship with the respondent and begot one child; Mugisha Shaun aged nine years. The respondent never supported the client right from conception and on giving birth he rejected the child. When the client reported to the FIDA office, a mediation was scheduled. After a long discussion and counseling the respondent agreed to contribute to the welfare of the child and pledged to buy all the school requirements. He further agreed to meet all the medical bills and clothing. They agreed to shared custody and he subsequently formerly welcomed the child in his home
FIDA helps to resolve a long-standing Land dispute through AD
On the 21st January 2020, FIDA Family Justice Desk Nabweru received a female client who was sent by H/W George, the G.I of Nabweeru Chief Magistrates Court. The client Sarah Zalwango was a complainant in a criminal case of trespass against her in law Nuru Nalubega. She claimed that the accused, Ms. Nalubega, had constructed on her piece of land, which was given to her by her elder sister. However, Ms. Nalubega claimed that the piece of land she was claiming was a portion of her late husband estate inherited from her father.
The team decided to conduct a locus visit. It was discovered that the land dispute arose from misappropriation of the late father’s estate that was conducted by the administrator.
After protracted mediation new land agreements drawing out boundaries for both parties were drafted Subsequently, this locus further assisted the ongoing criminal case and the prosecution finally closed the file following the agreement that had been concluded. FIDA –U has gained trust of all Local leaders and has since been receiving several referral cases from them.
FIDA reconciles siblings who were fighting over their late mother’s house
On 14thJanuary2020, the family Desk Officer received a complaint from a male youth referred to by a police officer at Katooke police post. He was being evicted from his house by his two elder sisters on allegations that they needed to sell it off and share the proceeds. This house belonged to their late mother. The young man made it clear that he never wanted to sell because he is a sickler and had nowhere to go. He explained that even the would-be monies received from the sale would not be enough to buy and construct himself a small place of residence. After talking to the two sisters on phone, the Family Justice Desk decided to schedule a family meeting
On the 23rd January 2020 at 3 P.M, FIDA officers conducted a locus at Katooke a Zone with the help of CLV in company of a police officer. The meeting had 10 people in attendance who included the two respondents, a local leader and relatives. During the meeting, it was noted that the respondents wanted to sell off the house without the knowledge of the client as they had actually tricked client to give them the land agreement, his national ID and even fraudulently obtained his signature
We advised the clients to convene a family meeting,
The complainant called in the next day to inform us that the complaint was solved that our client remained in the house and it was resolved that the same would remain a family out of the house