Soroti land wrangles
Jul 31, 2005
The fate of the hotly disputed Akisim housing estate in Soroti town remains unknown. The row between the landlord, Soroti Municipal Council, and the sitting tenants has hindered conclusive sale of the estate that begun 10 years ago.
By Vision Reporter
The fate of the hotly disputed Akisim housing estate in Soroti town remains unknown. The row between the landlord, Soroti Municipal Council, and the sitting tenants has hindered conclusive sale of the estate that begun 10 years ago.
But the hearing on August 30, 2005 could provide a clue. The High court will for the first time hear a case that has lain on the shelves for six years. The tenants accuse the Council of graft, while the Council has dragged them to court for the recovery of the houses. Both parties have lost time and money.
The Council in 1994, resolved to renovate Akisim. The town clerk, according to the Inspectorate of Government’s (IGG) report TS.106/99, was mandated to carry out the facelift. But he delegated the town engineer, Francis Okiror, to oversee the job.
Okiror submitted his report on June 20, 1994. The majority of the houses, his report revealed, were too expensive to repair. The rest were condemned except the few that needed minimal repairs.
“Costing each house was a difficult exercise due to lack of time. It must be noted that renovations are not the complete solution. The same roofs can cave in, within the next two or so years,†Okiror reported.
Okiror also uncovered the disastrous state of the pit-latrines and roads in the estate. He actually, recommended pulling down the houses and building new ones.
The Council decided to sell the estate. The general purpose standing committee on April 25, 1996 resolved that, sitting tenants get the first priority to bid. However, only tenants who had no rent arrears would be considered.
James Omagor, the acting housing manager, in a letter dated December 27, 1998 ref. SMC.5/6 warned thus, “you are reminded that the sale of the estate starts in January 1999. Clear all the outstanding rent arrears or else you lose the chance of purchasing the houses you occupy.â€
The IGG report indicates that the government valuer had to value the estate before the sale. Controversy was sparked off when the town clerk, Mackay Opolot Odele, contracted a private firm, the East African Consulting Surveyors and Valuers.
The tenants protested. Odele had gone against the standing committee’s resolve. “The extracts were staffed,†says Gerald Amodoi. “Even where there were no houses, the firm attached an amount. Condemned houses were given the same value,†adds Amodoi.
Many tenants were denied allocation letters. Meantime, plots were valued at sh1m each, while the houses ranged between sh800,000 and sh3.8m. The tenants accused the firm of overlooking several factors.
After down payment, which was between sh540,000 and sh1,440,000, it turned out two weeks later, according to the IGG's report, that the estate had been sold before the survey, some units to more than one person. Evictions and intimidation followed with property vandalised in the process.
Comprising 70 low-cost houses, Akisim estate has never had a land title. Teso District Administration built it under the British government between 1932 and 1948 for the lower working class of the Council.
There are 58 detached residential and six semi-detached dwellings on each 35m by 15m plot. Each house is supposed to have a one-stance latrine. The wooden doors and windows are rotten and falling. The corrugated iron roofs are rusty while the tiled ones have lost some rows. The termites have eaten up most of the timber; the pipes leak and the locks are missing. Electric wiring is also defective.
The tenants sought court redress but the chief magistrate threw out their case on technical grounds. “We were shocked in court to learn that we had no lawyer despite the money we paid him. We subsequently got another lawyer, Samuel Wegoye,†says John Okurut, the chairman tenants association and area LCII chairman..
The Chief Magistrate’s Court on the other hand could not decide on the case. The sh70m attachment in the case was higher than the sh5m limit the chief magistrate’s court can decide up on.
The tenants appealed to the High Court in Mbale but the Council filed a case against them in the same Court. Wegoye advised them to drop the appeal. The case filed by the Council would cater for the tenants’ appeal. This is the case due for hearing in August.
The tenants now formed an association, The Akisim Tenants Welfare Association. The Association has petitioned various organs; including the Inspector General of Government (IGG), the MP, Capt. Mukula, and the district land board.
The association wrote to the mayor, George Michael Egunyu, in a non-referenced letter dated December 28, 1998 before writing to the IGG on February 1, 1999 under minute AKM/TNTS/001.
The director of legal affairs in the office of the IGG March 22, 1999, wrote to Egunyu requesting him to halt the sale of the estate pending investigations. Egunyu heeded the directive on April 9, 1999.
Hardly two months later on May 27, 1999, Odele, in a letter referenced CR/1258/4, warned the tenants of his new move. He fixed June 30, 1999 as deadline for down payment. He said he had sent copies of the letter to the IGG in Kampala, which the IGG denies receiving.
The IGG warned him of insubordination and disobedience. “You clearly went against the letter from our office. You also did not inform the Council as you allege.â€
But Odele continued to defy directives. Between October 4 and November 10, 1999, he advertised the sale of 12 houses in the New Vision sister paper Etop, complete with evictions.
The regional inspectorate officer, Soroti, Livingstone Ochan, November 29, 1999, quoting minute TS/106/99 asked the district police commander to reign in pending the IGG's report.
“The court brokers, M/S Atlas Court Bailiffs & Auctioneers are acting on their own with instructions from the municipal advocates, M/S Emoru & Co advocates,†Ochan wrote. “The evictions are likely to breach public peace, which you are mandated to protect.â€
Jotham Tumwesigye then, IGG quoting the same minute in 2000 threw in his weight. “We’ve almost concluded the investigations. The report will be released in due course,†he said.
Tumwesigye was critical of the status quo, selling of houses and eviction of the sitting tenants. But contrary to his concerns, Odele, in a handwritten June 5, 2000 letter directed the municipal surveyor, Stephen Chekwopop, to subdivide the plots. He also wrote to the government valuer to value the estate.
The estate, according to him, was surveyed as a block in the 1950s. There was need for individual developers to get separate titles, which was possible through new demarcations.
Surveys appear to have been done stealthily prompting the tenants to alert the IGG and the district land board in written between June 7, 2000-June19, 2000.
The secretary district land board, John Edigu, in minute LAN/1203/1 November 14, 2000 wrote to the Chief Administrative Officer (CAO) seeking redress. Edigu was informing the CAO of the changes of ownership of the estate.
Following the July 1998 Land Act, the council had lost ownership of the estate to the district land board. Through statutory leases, which the 1995 Constitution abolishes, urban councils enjoyed ownership of land and property within their boundaries for 199 years.
Edigu was also concerned about the creation of illegal plots in the estate through subdivisions. But the CAO did not respond to the inquiries.
Edigu jointly with the board later wrote to Akisim tenants revoking the allocation letters of the newly-created plots. “After thorough consultations, the board sitting on June13-15, 2002, thought so,†Edigu wrote. “The allocatees are advised to come to the Board for further discussions.â€
But on October 21, 2002, Odele wrote to the district physical planner, Joseph Pade, seeking planning advice. He does not quote anywhere the council's resolution. Pade availed him the findings of the estate on November 12, 2002 in minute LAN/213/3. Pade together with the town engineer and the municipal surveyor had inspected and evaluated the estate.
A week later Pade recommended development and cancellation of the previous circular by the secretary land board. The land board under Edison Atwau as secretary and the IGG were left out in the cold.
Atwau in a December 24, 2002, letter, lifted the ban on development of the newly-created plots, upholding Pade's decision. It is now six months since the tenants petitioned, the resident district commissioner, with no response. The tenants eagerly await the display of the layout plan meant to attract public comments.
Ends
The fate of the hotly disputed Akisim housing estate in Soroti town remains unknown. The row between the landlord, Soroti Municipal Council, and the sitting tenants has hindered conclusive sale of the estate that begun 10 years ago.
But the hearing on August 30, 2005 could provide a clue. The High court will for the first time hear a case that has lain on the shelves for six years. The tenants accuse the Council of graft, while the Council has dragged them to court for the recovery of the houses. Both parties have lost time and money.
The Council in 1994, resolved to renovate Akisim. The town clerk, according to the Inspectorate of Government’s (IGG) report TS.106/99, was mandated to carry out the facelift. But he delegated the town engineer, Francis Okiror, to oversee the job.
Okiror submitted his report on June 20, 1994. The majority of the houses, his report revealed, were too expensive to repair. The rest were condemned except the few that needed minimal repairs.
“Costing each house was a difficult exercise due to lack of time. It must be noted that renovations are not the complete solution. The same roofs can cave in, within the next two or so years,†Okiror reported.
Okiror also uncovered the disastrous state of the pit-latrines and roads in the estate. He actually, recommended pulling down the houses and building new ones.
The Council decided to sell the estate. The general purpose standing committee on April 25, 1996 resolved that, sitting tenants get the first priority to bid. However, only tenants who had no rent arrears would be considered.
James Omagor, the acting housing manager, in a letter dated December 27, 1998 ref. SMC.5/6 warned thus, “you are reminded that the sale of the estate starts in January 1999. Clear all the outstanding rent arrears or else you lose the chance of purchasing the houses you occupy.â€
The IGG report indicates that the government valuer had to value the estate before the sale. Controversy was sparked off when the town clerk, Mackay Opolot Odele, contracted a private firm, the East African Consulting Surveyors and Valuers.
The tenants protested. Odele had gone against the standing committee’s resolve. “The extracts were staffed,†says Gerald Amodoi. “Even where there were no houses, the firm attached an amount. Condemned houses were given the same value,†adds Amodoi.
Many tenants were denied allocation letters. Meantime, plots were valued at sh1m each, while the houses ranged between sh800,000 and sh3.8m. The tenants accused the firm of overlooking several factors.
After down payment, which was between sh540,000 and sh1,440,000, it turned out two weeks later, according to the IGG's report, that the estate had been sold before the survey, some units to more than one person. Evictions and intimidation followed with property vandalised in the process.
Comprising 70 low-cost houses, Akisim estate has never had a land title. Teso District Administration built it under the British government between 1932 and 1948 for the lower working class of the Council.
There are 58 detached residential and six semi-detached dwellings on each 35m by 15m plot. Each house is supposed to have a one-stance latrine. The wooden doors and windows are rotten and falling. The corrugated iron roofs are rusty while the tiled ones have lost some rows. The termites have eaten up most of the timber; the pipes leak and the locks are missing. Electric wiring is also defective.
The tenants sought court redress but the chief magistrate threw out their case on technical grounds. “We were shocked in court to learn that we had no lawyer despite the money we paid him. We subsequently got another lawyer, Samuel Wegoye,†says John Okurut, the chairman tenants association and area LCII chairman..
The Chief Magistrate’s Court on the other hand could not decide on the case. The sh70m attachment in the case was higher than the sh5m limit the chief magistrate’s court can decide up on.
The tenants appealed to the High Court in Mbale but the Council filed a case against them in the same Court. Wegoye advised them to drop the appeal. The case filed by the Council would cater for the tenants’ appeal. This is the case due for hearing in August.
The tenants now formed an association, The Akisim Tenants Welfare Association. The Association has petitioned various organs; including the Inspector General of Government (IGG), the MP, Capt. Mukula, and the district land board.
The association wrote to the mayor, George Michael Egunyu, in a non-referenced letter dated December 28, 1998 before writing to the IGG on February 1, 1999 under minute AKM/TNTS/001.
The director of legal affairs in the office of the IGG March 22, 1999, wrote to Egunyu requesting him to halt the sale of the estate pending investigations. Egunyu heeded the directive on April 9, 1999.
Hardly two months later on May 27, 1999, Odele, in a letter referenced CR/1258/4, warned the tenants of his new move. He fixed June 30, 1999 as deadline for down payment. He said he had sent copies of the letter to the IGG in Kampala, which the IGG denies receiving.
The IGG warned him of insubordination and disobedience. “You clearly went against the letter from our office. You also did not inform the Council as you allege.â€
But Odele continued to defy directives. Between October 4 and November 10, 1999, he advertised the sale of 12 houses in the New Vision sister paper Etop, complete with evictions.
The regional inspectorate officer, Soroti, Livingstone Ochan, November 29, 1999, quoting minute TS/106/99 asked the district police commander to reign in pending the IGG's report.
“The court brokers, M/S Atlas Court Bailiffs & Auctioneers are acting on their own with instructions from the municipal advocates, M/S Emoru & Co advocates,†Ochan wrote. “The evictions are likely to breach public peace, which you are mandated to protect.â€
Jotham Tumwesigye then, IGG quoting the same minute in 2000 threw in his weight. “We’ve almost concluded the investigations. The report will be released in due course,†he said.
Tumwesigye was critical of the status quo, selling of houses and eviction of the sitting tenants. But contrary to his concerns, Odele, in a handwritten June 5, 2000 letter directed the municipal surveyor, Stephen Chekwopop, to subdivide the plots. He also wrote to the government valuer to value the estate.
The estate, according to him, was surveyed as a block in the 1950s. There was need for individual developers to get separate titles, which was possible through new demarcations.
Surveys appear to have been done stealthily prompting the tenants to alert the IGG and the district land board in written between June 7, 2000-June19, 2000.
The secretary district land board, John Edigu, in minute LAN/1203/1 November 14, 2000 wrote to the Chief Administrative Officer (CAO) seeking redress. Edigu was informing the CAO of the changes of ownership of the estate.
Following the July 1998 Land Act, the council had lost ownership of the estate to the district land board. Through statutory leases, which the 1995 Constitution abolishes, urban councils enjoyed ownership of land and property within their boundaries for 199 years.
Edigu was also concerned about the creation of illegal plots in the estate through subdivisions. But the CAO did not respond to the inquiries.
Edigu jointly with the board later wrote to Akisim tenants revoking the allocation letters of the newly-created plots. “After thorough consultations, the board sitting on June13-15, 2002, thought so,†Edigu wrote. “The allocatees are advised to come to the Board for further discussions.â€
But on October 21, 2002, Odele wrote to the district physical planner, Joseph Pade, seeking planning advice. He does not quote anywhere the council's resolution. Pade availed him the findings of the estate on November 12, 2002 in minute LAN/213/3. Pade together with the town engineer and the municipal surveyor had inspected and evaluated the estate.
A week later Pade recommended development and cancellation of the previous circular by the secretary land board. The land board under Edison Atwau as secretary and the IGG were left out in the cold.
Atwau in a December 24, 2002, letter, lifted the ban on development of the newly-created plots, upholding Pade's decision. It is now six months since the tenants petitioned, the resident district commissioner, with no response. The tenants eagerly await the display of the layout plan meant to attract public comments.
Ends