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Civil Aviation Authority sued over trespass

By Barbra Kabahumuza

Added 1st May 2016 08:46 PM

CAA occupied land through an Act of Parliament in 1991

Federesi Nakiruuta, a resident of Wakiso district has dragged the Civil Aviation Authority (CAA) to court demanding over sh1b for trespass.

She dragged the authority to court through Ssengooba & Co Advocates at the Lands Division of the High Court. Nakiruuta contends that the CAA occupied her land through an Act of Parliament in 1991.

According to her plaint, Nakiruuta claims that before her father, the late Lule Kamwasi Kalori, passed on, she used to hear him complaining of the illegal occupation of their land by the CAA that was under the Ministry of Works.

She said that her father acquired the property in the 1960s and she became the successor upon his death. She purportedly acquired the letters of administration from the High Court in 2007.

"After the CAA had come to Nakiruuta's land, she asked them to regularize their presence on the land, but to her surprise, they have been extremely arrogant and self-righteous and; they have even challenged her ownership of the property," she said.

Nakiruuta avers that the conduct of CAA amounted to provocation and an insult that left her under extreme frustration, more so since she could have done other things with her land, in which she is seeking compensation.

She wants the court to declare that the CAA illegally entered her property and it is a misrepresentation and utter trespass on her land for which she would seek for general damages. She would also seek for punitive damages and cost of the suit.

She stated that alternatively court can evict the CAA instead of giving her the money inform of damages

Alongside CAA, she also sued the Attorney General (AG). The land in question is comprised in Busiro Block 532, plot 391, which is situated at Jungo village - Sagala in Wakiso District.

Meanwhile, the court registrar has summoned Civil Aviation Authority to file its defence within 15 days from the date of service of the summons.

The court warned that if the authority fails to file its defence, it will proceed with the case and judgment will be delivered on behalf of Nakiruuta.

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