KAMPALA – High Court Judge Cornelia Kakooza Sabiiti of the Land Division has on July 23, ordered the Uganda National Roads Authority (UNRA) to deposit the money to compensate claimants of the land on Nsambya-Ggaba road pending the determination of ownership in court.
The Judge also set aside the November 2013 interim order that had stopped UNRA from proceeding with the construction works of the Kampala fly-over project until the issue of who should receive the compensation money is resolved.
Justice Kakooza also ruled that the paid money should not be accessed by any of the claimants or any other party until the final determination of HCCS No 440 of 2013 with regard to the rightful owner for the property/land comprised in Plot 13-29 Nsambya Road FRV 216 Folio 4.
The court ruled that this will save taxpayer’s millions of Shillings in daily compensation to the contractor for idle time.
According to the Court documents, those fighting for the disputed plots include Apollo Wasswa Basudde, Isaiah Kalanzi, Rosemary Wanyana, Uganda Railways Corporation, the Uganda Land Commission and Dembe Trading Enterprises Ltd.
However amidst on who the right owner of the plots and who should be paid, UNRA petitioned Court challenging the interim order that had stopped them to continue with the project and applied to have the compensation money deposited in Court until the ownership wrangle is resolved.
UNRA identified several plots following a cadastral survey of the area for construction of the first phase of the Kampala Flyover project leading to valuation of more than Shs7. 5 billion for Plot 13-29 Nsambya Road FRV 219 Folio 4 by the Chief Government Valuer.
However, a dispute arose over who the rightful owners were to receive the money.
While appearing before the Parliamentary Committee on Commissions Statutory Authorities and State Enterprises (Cosase) recently, UNRA Executive Director Allen Kagina blamed land disputes for delaying their road infrastructure projects.
She further said that unless the process of acquiring land for the Kampala Fly Over project is completed quickly, the Government stood to lose Shs300 million per day as compensation to the contractor for ‘idle time.’ President Yoweri Museveni officially launched the project in December last year.