City land board loses case
Dec 28, 2006
THE Court of Appeal has stopped the Kampala district Land Board from evicting Ndeeba businessmen.
By Hillary Nsambu
THE Court of Appeal has stopped the Kampala district Land Board from evicting Ndeeba businessmen.
The court, which unanimously ruled that the four timber dealers were customary owners of the land, also ordered the registrar of land titles to deregister George Mitala, who had been allocated the land by the city land board.
Mitala was also ordered to deliver the land title certificate to the Registrar of Titles because he acquired the land unlawfully.
The court upheld a High Court judgement by Justice Richard Oscar Okumu-Wengi, delivered on June 29, 2005, in which he ordered the city land board to pay sh6m with 20% interest, as compensation to the four businessmen.
The Deputy Chief Justice, Laetitia Mukasa-kikonyogo, chaired the three-judge panel. The other justices were Alice Elizabeth Mpagi-Bahigeine and Christine Kitumba.
The city land board and Mitala had appealed against Okumu-Wengi’s judgment. The land is situated on Kibuga Block 7, Plot 7 in Ndeeba, a city suburb.
The court agreed with the trial judge that the four men were the lawful occupants of the land.
The court blamed the city land board for wrongfully granting lease to Mitala.
It also ordered the land board and Mitala to pay costs of the case in the Court of Appeal and in the High Court.
THE Court of Appeal has stopped the Kampala district Land Board from evicting Ndeeba businessmen.
The court, which unanimously ruled that the four timber dealers were customary owners of the land, also ordered the registrar of land titles to deregister George Mitala, who had been allocated the land by the city land board.
Mitala was also ordered to deliver the land title certificate to the Registrar of Titles because he acquired the land unlawfully.
The court upheld a High Court judgement by Justice Richard Oscar Okumu-Wengi, delivered on June 29, 2005, in which he ordered the city land board to pay sh6m with 20% interest, as compensation to the four businessmen.
The Deputy Chief Justice, Laetitia Mukasa-kikonyogo, chaired the three-judge panel. The other justices were Alice Elizabeth Mpagi-Bahigeine and Christine Kitumba.
The city land board and Mitala had appealed against Okumu-Wengi’s judgment. The land is situated on Kibuga Block 7, Plot 7 in Ndeeba, a city suburb.
The court agreed with the trial judge that the four men were the lawful occupants of the land.
The court blamed the city land board for wrongfully granting lease to Mitala.
It also ordered the land board and Mitala to pay costs of the case in the Court of Appeal and in the High Court.