Court blocks UNRA compensation to Kabaka


Kabaka Mutebi speaks to kingdom prime minister Peter Mayiga at a function early this year. Net picture.

The High Court Lands Division in Kampala has blocked Buganda Land Board (BLB) from receiving compensation from the Uganda National Roads Authority (UNRA) in respect to the Kampala–Jinja Expressway Project.

Ruling on an application by Prince Kalemera H. Kimera Judge Andrew K. Bashaija granted the request despite opposition from the Kabaka of Buganda Kingdom and BLB lawyers.

The request was granted on grounds that if BLB were to receive the compensation the applicant would suffer irreparable damage.

“An order of temporary injunction is granted restraining the respondents or their agents/servants or persons claiming under them, from acquiring compensation payment from UNRA,” Bashaija ruled.

His injunction will stand until the true owner of land registered under FC 18454 Block 273 Kyadondo is determined.

According to court documents, Kimera says he is a lineal descendant to the late H.H Sir Daudi Chwa II (oa former Kabaka), and a second degree beneficiary to his estate.

He adds that he is a holder of Letters of Administration for the estate of the late Prince Henry Harold Kagolo Kimera, his biological father who was a biological son to the late H.H Sir Daudi Chwa II, and that as such, his father was a first degree beneficiary in the estate which estate has not yet been wholly administered.

However, he faults government for issuing mailo certificates of title on the contested land in the names of Kabaka “without the prior express knowledge and/or consent of a dully recognised agent of the estate of the late H.H Sir Daudi Chwa II”.

The compensation is for the land where the Kampala–Jinja Expressway Project passes.

Kimera believes that the contested land is in imminent danger of being permanently wasted, altered and/or otherwise affected to his detriment and the entire estate of the late H.H Sir Daudi Chwa II, where he is a beneficiary as a lineal descendant.

On the other hand, Kabaka’s defence team consisting of lawyers David Mpanga and Medard Ssegona maintained that the contested land is registered in the name of the first respondent (Kabaka Ronald Mutebi) having been so vested in him by virtue of the Traditional Rulers (Restitutions of Assets and Properties) Act Cap. 247, and is managed by the second Respondent (BLB).

“The first respondent is the registered proprietor of the land comprised in Kyadondo Block 273 Plots 87, 99, 110 and 38, and as such is the Project Affected Person (PAP) by the Kampala–Jinja Expressway and Kampala Southern Bypass project.

“That UNRA is obliged to compensate PAPs based on kibanja/customary holdings or registered proprietorship under the Registration of Titles Act, before taking possession of the land in question, and UNRA is ready to pay the first respondent (Kabaka) the registered proprietor of the suit land, who is also ready, willing and able to receive such compensation.”

However, court in its ruling said whereas Kimera would be affected if BLB received compensation, “on the other hand, restraining the respondents would not occasion an injustice if in the end they successfully defend the suit”.

“The impending compensation payment would still be due to them having been adjudged the rightful owners of the suit land”.



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