Court dismisses appeal in 50-year-old Kumi land dispute
The panel, chaired by Justice John Oscar Kihika and comprising Justices Florence Nakachwa and Esta Nambayo, dismissed the appeal and directed that the matter return to Kumi High Court, where another hearing is scheduled for September 9.
The case was among several matters handled during a three-week Court of Appeal session in Soroti aimed at bringing appellate justice closer to litigants in the region. (Photo by Felix Osujo)
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The Court of Appeal sitting in Soroti has dismissed an appeal arising from a long-running land dispute involving 77.7 acres in Kidongole, Kumi district, in a case that has been in litigation for more than 50 years.
The appeal was filed by retired Assistant Superintendent of Police Michael Okwalinga Opolot against Jembrace Paul Erongot. Both parties told the three-judge panel that they are administrators of the estates of their late fathers, who were involved in the original dispute.
Erongot told the court that the disputed land had already been surveyed and that previous court proceedings had ruled in his favour. Okwalinga, however, maintained that earlier judgments had also been challenged and that some had been decided in his favour.
The panel, chaired by Justice John Oscar Kihika and comprising Justices Florence Nakachwa and Esta Nambayo, dismissed the appeal and directed that the matter return to Kumi High Court, where another hearing is scheduled for September 9.
The case was among several matters handled during a three-week Court of Appeal session in Soroti aimed at bringing appellate justice closer to litigants in the region.
In a separate case, Ekwaro Charles versus Olobo Anthony Kiboko, the parties requested mediation and were given one month to conclude the process before filing written submissions.
Calls for improved access to justice
Speaking during a stakeholders’ meeting, Soroti High Court Resident Judge Boniface Wamala said the region continues to face a significant case backlog, with hundreds of cases pending at Soroti High Court and more than 500 at Kumi High Court.
Wamala said the Court of Appeal session was part of efforts to reduce the backlog and improve access to justice for people in the region.
Iteso Cultural Union Paramount Chief Paul Sande Emolot welcomed the appellate court session, saying many cases, particularly land disputes, have taken too long to conclude.
Soroti City leaders also raised concerns over land disputes, double titling, family conflicts and the alleged grabbing of public land. They further cited delays in handling cases involving defilement, domestic violence and assault.
Uganda Law Society representative Eddie Nangulu said prolonged delays in the justice system continue to affect litigants and inmates on remand.
Justice ministry regional head, Erick Mukisa, called for more regular Court of Appeal sessions in the region.
Justice Kihika, who represented the Deputy Chief Justice, attributed part of the historical case backlog to a shortage of judges, noting that the Court of Appeal at one point had only three judges handling cases.
He said the number of Court of Appeal judges has since increased to 18, while Parliament has approved an increase to 35.
Kihika also said plans are underway to establish a regional presence of the Court of Appeal, with appellate court facilities being constructed in Gulu and Mbarara.