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Kajura's case referred to civil court

By Michael Odeng, Barbra Kabahumuza

Added 7th February 2018 12:21 PM

Kajura said he was among the people whose land was affected by the Kyangwali Bahuka (escarpment) road project in Masindi district

Kajura 703x422

Kajura said he was among the people whose land was affected by the Kyangwali Bahuka (escarpment) road project in Masindi district

PIC: Henry Kajura, the former second deputy Prime Minister

JUSTICE | LAND 

KAMPALA - The commercial court deputy registrar has referred to the civil court, a case in which the former second deputy Prime Minister, Henry Kajura, is demanding sh3.5b in compensation over a piece of land in Masindi district.

Vincent Mugabo, also the judiciary’s public relations officer, referred the case, stating that is not a commercial court matter. The case was filed at the commercial court on June 6 last year. 

“I have perused through the mediation file and the constitutional (commercial court) practice directions 1996 and it is my considered opinion that this is not a commercial court matter,” Mugabo said.  

Kajura, formerly the minister for Public Service and Bugahya county Member MP dragged to court the Attorney General (AG) and China National Offshore Oil Corporation (CNOOC) Uganda. The AG is the principal adviser of government.

Kajura said he was among the people whose land was affected by the Kyangwali Bahuka (escarpment) road project in Masindi district.

According to court documents, the land in question, which comprised LRV HOT39 Folio plot 85 Bahanguzi Block 3, at Kyangwali was extended for 44 years under lease hold registrar volume HOT675.

According to Kajura, the said land was earmarked and taken by the Government for road construction purposes, which is being carried out by CNOOC.

“The government has refused to compensate me and yet I no longer use my land since it was earmarked and taken by it for the road construction project,” he contended.

Court documents indicate that the said land was assessed for compensation by the lands ministry at sh3.5b and a report was made to the permanent secretary at the energy ministry.

Kajura said he suffered mental anguish, pain and inconvenience for which he sought general damages, cost of the suit plus interest.

 
He added that the statutory notice and notice of intention to sue were duly served on the defendants before finally filing a suit in court but all in vain.    

In its written statement of defence, CNOOC avers that only a small portion of the 24.0180 hectares comprised in the said land was utilised for road construction and the rest remain for Kajura for use. According to CNOOC, it utilised 3.804 acres of the land.

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