Africa-Press – Uganda. Fort Portal High Court has ordered for the eviction of Uganda Revenue Authority (URA) from a piece of land, which houses its offices.
In his March 31 judgment, Justice Emmy Vincent Mugabo ruled that the land on which the URA offices sit belongs to Mr Stephen Mugenyi, a businessman, who secured a lease from Uganda Land Commission (ULC) on July 9, 2008.
“I find that the plaintiff (URA) interfered with the defendant’s (Mr Mugenyi) use of the suit property and this is sufficient cause for award of general damages. In the circumstances, I invoke my discretion not to grant any general damages,” Justice Mugabo ruled.
He added: “In the result, judgment is entered with the following orders; this suit is dismissed with costs to defendants, vacant possession granted to the 2nd defendant (Mr Mugenyi) and an order of eviction is issued against the plaintiffs (URA).”
The judge also cleared Uganda Land Commission of any wrongdoing or committing any fraudulent act while leasing the land in question to the businessman.
Court documents show that the land in question comprised in leasehold register Volume 3876, folio 16, Plot 4, Nyaika Avenue, Fort Portal, measures 0.630 hectares.
The court case arose in 2011 when the tax collection body instituted the lawsuit against ULC and Mr Mugenyi, seeking for declarations that the land and property belongs to it as a successor in title by operations of the law.
The tax body had argued that upon its establishment in 1991, it took over the statutory obligation of customs administration and it was, therefore, the successor in title to the defunct East African Common Services Authority and the Finance ministry, which previously carried out the said functions.
It further argued that Section 19 of the URA Act vests in it all property previously held by government for the use of the departments of customs, income tax and inland revenue.
However, on July 9, 2008, Mr Mugenyi applied to ULC and he was granted a lease on the same suit property and issued a certificate of title.
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