Ex-occupants lose court fight over Bujagali dam land

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The High Court in Jinja has dismissed a case in which former occupants of land hosting the multi-billion shilling Bujagali Hydro-Electric Power Project sought to cancel land titles issued to AES Nile Power Limited and Bujagali Energy Limited.

The suit was led by Richard Kafumba, who argued that he and other lawful occupants were unlawfully deprived of their land, developments, and crops without prompt, fair, and adequate compensation.

The case, which was filed in 2002, also sought general and exemplary damages from the Government, the Uganda Land Commission (ULC), and the two power companies. It was brought as what the court described as a disguised representative suit.

However, in a ruling dated January 5 this year, High Court judge Joanita Bushara dismissed the case, holding that the Government’s acquisition of the land from which the companies derived their titles was lawful. She ruled that the companies’ titles were therefore not impeachable. The ruling was delivered nearly 23 years after the case was lodged.

“The applicant (Kafumba) is not entitled to the declarations, cancellation of titles, compensation at current market value, general or punitive damages, or any other reliefs sought in this application. Accordingly, the case is hereby dismissed,” Justice Bushara ruled.

Justice Bushara said Kafumba failed to prove that he was compulsorily deprived of his property without prompt, fair, and adequate compensation, as required under Article 26 of the Constitution.

She held that the Bujagali Hydro-Electric Power Project is a public infrastructure project and that the Government’s acquisition of the land at Bujagali was therefore lawful.

“I therefore find that the two companies derived a valid title from the transaction arising out of the Government’s acquisition and that their titles are not impeachable on the evidence before this court,” Justice Bushara said.

The judge further ruled that, having lawfully acquired the land for a public purpose and taken possession in accordance with the Land Acquisition Act as adapted to the Constitution, the Government was entitled to grant leases or other proprietary interests to the project companies.

Kafumba had relied on the Supreme Court decision in Uganda National Roads Authority versus Irumba Asumani and another of 2015, in which the apex court underscored that compensation must be fair and adequate and should, in principle, precede the taking of possession of land.

Justice Bushara, however, distinguished the case, noting that compensation in the Bujagali matter was duly assessed in line with approved Jinja District Land Board rates and that payment, including disturbance allowance, was offered.

She observed that Kafumba’s grievance centred on the adequacy of the compensation, for which Section 13 of the Land Acquisition Act provides a direct and timely right of appeal, which he did not pursue.

“In my view, what Article 26 of the Constitution forbids is arbitrary or uncompensated expropriation. It does not guarantee that every land owner will receive a figure with which he subjectively agrees nor does it entitle them to reopen completed acquisitions by collateral constitutional challenges where adequate statutory remedies existed but were not pursued."

"Accordingly, I find that the applicant has not proved that he was compulsorily deprived of his land without prompt, fair and adequate compensation in the constitutional sense nor has he shown that the acquisition by the Government was unlawful,” Justice Bushara ruled.

The judge added that disagreement over the amount of compensation does not render compulsory acquisition of land by the Government unconstitutional. She further absolved the Government of any irregularity in the acquisition, stating that it complied with all legal requirements.

Background

Around 2000, the Government identified approximately 450 hectares of land along both banks of the River Nile in the Bujagali area as suitable for the development of a hydroelectric power project under Section 2 of the Land Acquisition Act.

The then Minister for Lands issued a compulsory acquisition instrument declaring the land required for a public purpose. Following the declaration, the Jinja District Land Board carried out valuations and approved compensation rates for land and developments in the project area.

Kafumba and other affected occupants rejected the compensation, citing undervaluation. They lodged complaints with the minister and other officials, but the Government maintained the valuation, paid the assessed compensation, and advised the aggrieved parties to pursue legal remedies.

About the Bujagali Hydro-Electric Power Project

The Bujagali Hydro-Electric Power Project is a 250MW run-of-river power station on the Victoria Nile, developed through a public-private partnership.

Completed in 2012 after delays linked to financial and environmental challenges, the project comprises five 50MW Kaplan turbines and has significantly boosted Uganda’s electricity supply. It has reduced load shedding and remains a key component of the country’s energy infrastructure.