The High Court in Masindi has ordered the Uganda Land Commission and The Attorney General to compensate a sum of Twelve Billion Uganda Shillings to Henry Muganwa Kajura, a Ugandan administrator and politician who until 2016 served as the First Deputy Prime Minister and Minister of Public Service.
Kajura claims that his land comprised in LRV 2836 Folio 17 Buruli Block 10 Plot 66 measuring approximately 982.5560 hectares is occupied by squatters whom he alleges illegally accessed back in the 1986 liberation struggle. He adds that today, it is developed by the agents of the Attorney General with permanent establishments like Schools, a Health Centre III and sub county Administration offices.
He says that he approached President Yoweri Museveni on the predicament of his delayed payment of compensation for his land who would write to the Chairperson Uganda Land Commission, directing for immediate processing of his compensation payment by a letter dated March 31, 2021.
“Triggered by the President’s letter, the Permanent Secretary wrote to the Solicitor General on May 10, 2021 indicating the Ministry’s undertaking to survey and value the Applicant’s land to compensate him. The Permanent Secretary also wrote to the Chief Administrative Officer, Masindi District indicating that a team of valuers and surveyors from the Ministry of Lands, Housing and Urban Development would travel to Masindi District to survey and value the said land in an exercise meant to compensate the owner,” he told the court.
“To date, no Valuation Report has been availed resulting from the directives of the Permanent Secretary, Ministry of lands, Housing & Urban Development,” he noted.
Mr. Kajura says this prompted him to retain private valuers to wit M/s Katuramu & Company consulting Surveyors who assessed his property at UGX 12 billions
Although the Attorney General attempted to block the application on grounds that the Application was wrongly filed by Mrs. Regina Kajura acting outside the powers of attorney on record dated 14.7.2021, that the Application does not disclose a cause of action against the Respondents and that the Applicant’s cause of action arose in 1986 and is therefore time barred, he did not convince Judge Byaruhanga Jesse Rugyema who said that he (Kajura) led evidence that his land is infested with squatters settled by the agents of the Attorney General.
Court noted that Mr. Kajura tendered in court a private valuation report of Shs12 Billion and the respondents did not contest this valuation nor did they offer any contrary valuation report for either a higher or lower figure.
“In the instant case, the Respondents did not provide court with a report from the Chief Government Valuer. They also did not contest the value the Applicant placed on his property assisted by his private valuer. The valuation report was made on 29.8.2022, is current and took stock of all developments on the land. It was signed by Mr. Ssembajjwe Henry who is a registered surveyor. In the view of court, it is accepted as fair and represents the correct market value for the land,” said Judge Byaruhanga.
“The Respondents jointly and/or severally pay the Applicant a sum of UGX 12,000,000,000/= (Twelve Billion Uganda Shillings Only) being compensation for the Applicant’s land comprised in LRV 2836 FOLIO 17 Buruli Block 10 Plot 66 measuring approximately 982.5560 hectares,” he ordered, adding that, “The payment in shall carry interest at a rate of 10% per annum from the date of judgment until payment in full.”
He also directed each party to bear their respective costs of the application.