Africa-Press – Uganda. Court has ordered the Uganda Land Commission (ULC) to compensate the family of late Sir Apollo Kaggwa for their 5.791 hectares of (14.31 acres) land at Munyonyo in Makindye Division, Kampala, which were wrongly allocated to developers.
The land in dispute on plots 97 and 98 currently hosts a church; Munyonyo Martyrs Shrine and Minor Basilica and other private developments, according to the documents submitted in court.
According to the court, in 2015, ULC created a 99-year lease effective January 2014 on the disputed land and extended it to the Registered Trustees of Kampala and other private developers.
Justice Alexandra Nkonge Rugadya of the Land Division of the High Court ruled that the land in dispute belongs to the estate of the Late Sir Apollo Kaggwa and that ULC was a trespasser.
“The plaintiffs (family) succeeded in proving their case against the defendant (ULC). However, since the third parties were not made parties to the suit or invited to testify as witnesses, it would be contrary to the rules of natural justice to have their titles cancelled. I would, however, allow the prayer for compensation of the suit land,” the judge ordered.
Justice Rugadya held that the value of the amount payable as compensation shall be assessed by the chief government valuer and shall be paid within 60 days following the report on the assessment.
The court decision resulted from a case in which family members describing themselves as beneficiaries of the estate of the late Kaggwa petitioned the Land Division.
Through their lawyers, Mr Solomon Luwalala, Mr David Muyise and Mr Apollo Wasswaa Basudde sued the Commission seeking orders that the property at Block 255 plot 97 and 98 Kyadondo belong to the estate of the late Sir Apollo Kaggwa and the cancellation of all titles created out of the said land by ULC, reinstatement of the said land into the names of Sir Apollo Kaggwa Gulemye. They also sought a permanent injunction restraining the defendant from any further trespass on the land.
Court heard that Sir Apollo Kaggwa died in 1927 and owned several properties including the land in dispute.
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