Buganda royals petition court over UNRA compensation

Jul 31, 2018

The Kabaka of Buganda is listed as one of the respondents and beneficiary of the Chwa II estate

 

Buganda royals have petitioned court to reinstate the case where they are rowing with Buganda Land Board (BLB) over multi-billion shilling compensation from Uganda National Roads Authority (UNRA). 

On July 19, beneficiaries of the private estate of Ssekabaka Sir Daudi Chwa II, filed an application for reinstatement, at the Land Division of the High Court in Kampala.

They demand that the dismissal order of Justice Eudes Keitirima, dated July 11, 2018, be set aside. 

Initially, UNRA had set aside sh400b compensation for the 10,000 persons affected by the project. 

On July 11, court dismissed the case on the technicality that the royals, who had complained, were not present in the courtroom.

The aggrieved are represented by Prince Harold Kalemera, David Namugala Mawanda, Moses Luswata and Princess Nalinya Nandaula.

The respondents are listed as the Kabaka of Buganda, BLB, and the Commissioner Land Registration. 

Kalemera has sworn an affidavit in support of the application, saying none of the parties will suffer injustice in the event that the case is reinstated. 

"At the time of the dismissal, the head suit had not been heard at all and was dismissed without hearing the merits thereof," Kalemera states. 

Court documents

Documents indicate that the parties' last court appearance was June 29. The complainants say it had been agreed that court would reconvene on July 10. 

However, government later designated the day as a public holiday to enable citizens participate in local council elections. 

The royals claim land on which Kampala-Jinja expressway and the Entebbe Expressway passes, is part of Chwa II's private estate.

The case arose in August last year, when Kalemera petitioned court to halt compensation, pending determination of ownership of contested land, registered as Block 273 Masajja.

Kalemera is cousin of reigning monarch Ronald Muwenda Mutebi II, also a beneficiary of the Chwa II estate. Kalemera is the son and administrator of the estate of late Prince Henry Kimera who passed away in 1991.

Chwa II was the 34th Kabaka of Buganda, and reigned from 1897 until November 1939. He was succeeded by Mutebi's father, Edward Mutesa II.

The Chwa estate is part of the 350 square miles returned to the Kabaka when kingdoms were restored in 1993. It is currently managed by BLB, which claims the contentious land is officially for the Kabaka of Buganda.

Kampala-Jinja Expressway plan

UNRA had earlier halted the project, with 80% compensation stalled in light of the row.

The $1.1b (about sh4 trillion) four-lane 95-kilometre road project, was scheduled to commence last year and be completed in 2025.

According to UNRA, it will consist of two separate sections. The 77 kilometre Kampala-Jinja mainline, and the 18 kilometre Kampala Southern Bypass.

The Kampala-Jinja section starts at Lugogo Mall in Nakawa Division, weaves through Kyambogo, branches into Kinawataka and Kasokoso in Kira Municipality.

It will then proceed to Namanve and Mukono and stop at the new Jinja Bridge in Njeru, Buikwe District.

The four-lane dual carriage highway Kampala Southern Bypass will connect Bweyogerere, in the Wakiso District, to Munyonyo in the Makindye Division of Kampala.

It will start at Bweyogerere, near Mandela National Stadium at Namboole, weave through Butabika, Luzira, and Kyeyitabya, and stop at Munyonyo, from where it will connect to the southern spur of the Entebbe-Kampala Expressway.

(adsbygoogle = window.adsbygoogle || []).push({});