Concerns are mounting over Principal Judge Dr Flavian Zeija’s conduct, as accusations of overreach and interference with judicial cases continue to surface.
In a recent letter, dated 13 May 2024, litigant Dr. Medard Kiconco urged Chief Justice Alfonse Owiny-Dollo to intervene and address the actions of Dr Zeija, whom Kiconco accuses of compromising judicial neutrality.
The letter came to light after a separate petition was filed in the Constitutional Court challenging Dr Zeija’s alleged habit of withdrawing cases from other judges mid-hearing.
Dr Kiconco’s complaint focuses on a disputed 130-acre plot of land in Ssisa, Wakiso District, which his clients, the descendants of Festo Banja, claim was illegally taken by a foreign-owned company, Ladha Kassam, and divided for sale.
Kiconco’s letter asserts that Dr Zeija removed the case file from the High Court Land Division before the hearing concluded and assumed authority over the case.
When the plaintiffs requested an interim order to halt further sales of the land until the case was settled, Dr Zeija denied the request, stating that any future ruling in favour of the plaintiffs would render the sales void. This decision effectively permitted Ladha Kassam to continue selling portions of the contested land, a move Kiconco describes as detrimental to his clients’ interests.
During a court-ordered visit to the disputed land, Dr Zeija allegedly observed ongoing construction but continued to deny interim relief for the plaintiffs. Kiconco’s letter indicates that even with visible signs advertising plots for sale, Dr Zeija refused to impose a temporary halt on sales or schedule a hearing for the injunction request.
The situation escalated when Dr Zeija produced evidence in favour of the defendants, allegedly showing that Banja had another heir not represented by Kiconco’s clients.
Kiconco’s team expressed surprise at this intervention, as the defendants had opted not to introduce this evidence themselves.
The plaintiffs’ lawyers requested permission to cross-examine the Administrator General on this new evidence, but Dr Zeija declined, asserting that the Administrator General was “not cross-examinable.”
Dr Kiconco’s letter further accuses Dr Zeija of “gross and unexpected misconduct.” In a ruling delivered on 5 July 2024, Dr Zeija upheld Ladha Kassam’s ownership of the land, confirming its conversion from mailo to freehold tenure under applicable laws and directing the Criminal Investigations Department (CID) to investigate Kiconco and his clients for allegedly acquiring an original title unlawfully.
The judge also confiscated the title deed, claiming it belonged in the Registrar of Titles’ custody and suggested criminal charges might be warranted.
Dr Zeija’s ruling concluded that, should Kiconco fail to identify the true claimants of the land, he would be personally liable for the suit’s costs on behalf of the defendants. Attempts to contact Dr Zeija for comment were unsuccessful. Dr Kiconco confirmed he wrote to the Chief Justice but refrained from further comments.
Pattern of Intervention
This recent complaint is not the first instance where Dr Zeija has been accused of judicial interference. In a recent case, he intervened after High Court Judge Grace Magala issued a ruling unfavourable to Solicitor General Pius Biribonwoha, who appealed to Dr Zeija for administrative action.
Judge Magala’s ruling had restricted Eswatini-based Inyatsi Construction Ltd from activating a bank guarantee tied to a construction project in Isingiro District, pending the resolution of a related dispute. Shortly thereafter, Justice Magala was reassigned to the Arua Circuit.
Back in 2020, businessman Hamis Kiggundu filed a complaint against Dr Zeija with the Judicial Service Commission (JSC), alleging misconduct in a case against Diamond Trust Bank (DTB).
Dr Zeija’s decision to stay the execution of Justice Henry Peter Adonyo’s ruling, which favoured Kiggundu, sparked controversy, followed by Adonyo’s transfer to Soroti, where he retired.
In another high-profile case, Dr Zeija withdrew a court order issued by a High Court deputy registrar against the Uganda Revenue Authority (URA) after the latter lost a case to John Imaniraguha. Justice Stephen Mubiru publicly criticised the move, stressing the importance of maintaining judicial independence.
Dr Zeija also drew attention earlier this year when he removed a file from then-acting High Court Judge Shamira Bukirwa after she permitted an extraordinary meeting of the Uganda Muslim Supreme Council, during which members voted to impeach Mufti Sheikh Shaban Mubajje.
Following her ruling, Dr Zeija suspended the decision’s implementation, and Bukirwa was the only acting judge not offered a permanent position by President Museveni. Subsequently, she was instructed to relinquish all judiciary property and files in her possession.
A retired judicial official, speaking anonymously, described the number of complaints against Dr Zeija as “unprecedented” for a principal judge.
“If you examine the tenures of his predecessors, such as Yorokamu Bamwine or Herbert Ntabgoba, you won’t find similar complaints. The current judiciary requires serious introspection,” the official remarked.
