Registrar visits disputed land in businessman Kalungi, Railway case

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A court registrar hearing a case in which Uganda Railways Corporation is accusing businessman Moses Kalungi of encroaching on its land has visited the disputed property on a fact-finding mission.

Rashidah Batanula of the Land Division of the High Court visited the disputed land, located at Nasser Road in Kampala, on July 11, 2025.

The land, comprising Plot 45–51 Nasser Road, measures approximately 0.51 acres.

The registrar ordered the parties to file their submissions, which she will base on to craft her judgment.

During the locus visit, surveyor Deogratius Luyiima testified that the measurements of the disputed land revealed that Kalungi had encroached on a larger portion of land than the one claimed by Uganda Railways.

Uganda Railways Corporation lawyer Majid Opolot noted that encroachment is ongoing, and it is evident that Plot 42 has been enclosed.

He stated that officers are enforcing court orders to demarcate the boundary.

Opolot further argued that the development affects Plot 42 and hence needs to be halted.

“Given that the court has witnessed the situation, it should issue another order against the occupants who have encroached and are attempting to make adjustments before the determination of the issue regarding the access road, which is clearly indicated on the land title,” Opolot submitted.

Opolot said they warned Kalungi last year when he had just started constructing the building, but he refused to follow their directives.

He maintained that the encroachment was ongoing and that the railway corporation had a legitimate claim.

Injunction

On May 13, 2025, the registrar issued an order halting construction of Kalungi’s commercial building.

“A temporary injunction doth issue restraining the respondents, her servants, employees, assignees, agents and successors in title from further alienating, transferring, wasting, constructing, excavating, selling and/or entering into any part of the suit land comprised on Plot 45–51 Nasser Road measuring approximately 0.51 acres and carrying on activities on the suit land until the suit is determined.”

Kalungi claimed that he had done nothing wrong when he started constructing the building, but the railway corporation mobilised law enforcement on May 14, preventing the builders from continuing their work, which led to the legal dispute.

He also accused the railway corporation of trying to hinder his construction project, alleging that his properties were stolen and his workers were beaten by deployed officers, an allegation Opolot rubbished.

Background

In December last year, Kalungi commenced excavation on the disputed land in preparation for the construction of a commercial building.

Uganda Railways Corporation officials, on realising that Kalungi had allegedly encroached on their land, brought the matter to him and advised that the boundary opening be undertaken before further construction.

This was disregarded, and construction commenced, hence the dispute.