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The High Court has dismissed a sh1.6b case against the National Forestry Authority (NFA). 

The administrators of the estate of the late John Kisembo had sought compensation from NFA over destroyed eucalyptus trees worth sh1.6b. They are Luke Winyi Kisembo, Isaac Baguma Kisembo, Pheonah Kisembo and Franco Baguma. 

Court documents indicate that on July 9, 2001, NFA issued a permit to Kisembo to plant, maintain, and harvest five hectares of eucalyptus trees on land in Kajjansi Central Forest Reserve. 

Subsequently, Kisembo made two harvests from the trees he had planted, and a group of unknown people who claimed ownership of the land, cut down all the trees, thus occasioning him loss of billions of shillings. 

The plaintiffs, therefore, wanted NFA to be held responsible for the destruction of their trees, claiming they were cut down under the watch of the authority. 

“The encroachment, trespass, and destruction were brought to the attention of the NFA, who either ignored or neglected to take any action to remedy or address the situation,” Winyi Kisembo stated in an affidavit. 

However, Judge Musa Ssekaana on September 15, 2023, dismissed the suit, saying the plaintiffs had a responsibility to protect their tree plantations and to report to the Police in case of any third-party actions. 

According to the judge, no liability is disclosed against the NFA in the matter. 

“I am not satisfied that the plaint discloses a cause of action against the NFA. I, therefore, dismiss this suit with costs to the NFA,” he said. 

The judge said NFA was not liable for any act or omission although the plaintiffs’ counsel contends that they are liable for failure to act. 

The court heard that the permit which was granted to the late Kisembo did not create any obligation on the part of the NFA to protect the plaintiffs’ trees but the condition enjoined the plaintiffs to be responsible for the forest. 

According to court documents, the alleged titles created on part of the plaintiffs’ land were done by the district land board and registrar of titles, which actions are not the responsibility of the NFA. 

Court records indicate that Kisembo later discovered that a freehold title measuring 2.06 hectares was curved out of his five hectares piece of land and issued to Victo Nabbanja, Annet Babirye, and Ibrahim Mudde, a fact which was not disclosed to him (late Kisembo) by the NFA. 

Hearing 

The plaintiffs’ counsel Alex Kabayo contended that the plaintiff had a cause of action since the late Kisembo still had a license to plant, maintain, and harvest trees in Kajjansi Forest Reserve since he was paying licence fees for the years 2007 to 2015 and that he enjoyed quiet possession until 2014 when the encroachers cut down his trees. 

In rebuttal, the NFA contended that the late Kisembo acquired a permit from the NFA in July 2001 for five years, meant to expire in July 2006. 

NFA, however, states that there is no record, evidence, or proof showing that the plaintiff applied for renewal of the permit.