Hoima oil waste land victims in court

By Geoffrey Mutegeki

The High Court in Masindi district has set March 24 as the date it will start hearing the case in which over 150 families are protesting eviction from their land in Rwamutonga village, Bugambe sub-county in Hoima district.

The matter stems from August 2014, when Robert Bansigaraho entered into a consent judgment in another civil suit No.32 of 2012 being heard by Masindi High Court.

This civil suit is with Joshua Tibagwa and 200 families who were evicted from their homes and their property destroyed on August 25, 2014.

Through their lawyers Musinguzi and Company Adovocates, the residents are challenging the consent judgment.

Court sitting on January 28 presided over by Justice Simon Byabakama advised the affected people to remain calm as court settles the matter.

James Owech, Emmanuel Okumu and Kizito Ochibawere were selected to represent the victims.

“Now that you have chosen the three representatives, court will on March 24 decide whether they will represent you in challenging the consent judgment or not. You should not say you have won the case,” said Byabakama.
 

‘Avoid discussing’ the matter

The residents sued Bansigaraho and Hoima district land board, challenging the issuance of a land title to Bansigaraho for land including FRV 1051, Folio 16, Plot 44 Block 7 land at Rwamutonga, Katanga, Bugambe and Buhaguzi in Hoima.

They claim they own customary interests in the land which were never taken into account during the issuance of the title.

They are seeking an order for the cancellation or rectification of the certificate of title issued to Bansigaraho.

Byabakama cautioned the media and the residents against discussing the merits and demerits of court matters so as to avoid subjudice.

 “When journalists ask you about the matter, tell them it is still in court. We are not stopping them from doing their work, but when the matter is in court, avoid discussing it,” he said.

The over 700-hectare piece of land was to be leased to American Company McAlester Energy Resources, who want to build an oil waste treatment facility.

The residents said all was well until Bansigaraho secretly registered the land in his name in November 2011.

They said that in 2013, they saw a team of surveyors inspecting the land and later learnt that the surveyors were working for Bansigaraho and that he had registered the land without their knowledge when he started threatening them with eviction notices.

The complainants have asked court for a declaration that the land belonged to them as customary tenants.

They are being helped by Global Rights, a nongovernmental organisation.

Global Rights executive director Winfred Ngabiirwe urged the residents to respect the court’s decision regarding the matter.

The land has been fenced off and is heavily guarded while the affected residents have taken refuge on one of their colleague’s piece of land.