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Attorney General v Nsamba John Mary and 10 Others (Miscellaneous Application No. 105 of 2025)

High Court · [2025] UGHC 1101 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for consequential orders to give effect to eviction and demolition orders granted in earlier miscellaneous applications arising from compulsory land acquisition for the EACOP project
Decision
Respondents ordered to vacate the land acquired for the EACOP project; permanent injunction granted against interference with government occupation

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that consequential orders are appropriate to give effect to earlier eviction and demolition orders where the general orders require specificity for enforcement. Where compensation has been deposited in court, land has been compulsorily acquired for public purpose under statutory authority, and respondents have refused to vacate despite notice, the court will grant specific eviction and demolition orders against individual respondents in respect of their particular parcels of land.

Outcome

Respondents ordered to vacate the land acquired for the EACOP project; permanent injunction granted against interference with government occupation

Facts

The Government of Uganda granted EACOP Ltd a license to construct a crude oil pipeline requiring approximately 2740 acres of land across ten districts. On 29 November 2019, the Minister of Lands published Statutory Instrument No. 105 of 2019 declaring the land required for public purpose. The Government valued the affected land and offered compensation including a 30% project uplift. On 24 January 2024, notice of intention to take possession was gazetted. The Applicant obtained eviction and demolition orders against the Respondents in HCMA No. 25 of 2024 and HCMA No. 26 of 2024 on 1 October 2024. In November 2024, the Respondents were served with notices to hand over vacant possession and a copy of the court order. The Respondents refused to vacate or remove structures. The Applicant sought consequential orders specifying the eviction and demolition orders against each respondent in respect of their particular parcels of land totalling approximately 12.842 acres across the affected districts.

Issues

  1. Whether the court should grant consequential orders to give effect to the eviction and demolition orders previously granted in HCMA No. 25 of 2024 and HCMA No. 26 of 2024.

Orders

  • Eviction and demolition orders granted against the 1st and 2nd Respondents in respect to land measuring 2.137 acres, comprised in Lukoma village, Kyotera District.
  • Eviction and demolition orders granted against the 3rd Respondent in respect to land measuring 0.221 acres comprised in Kituntu village, Kyotera District.
  • Eviction and demolition orders granted against the 4th Respondent in respect to land measuring 0.463 acres comprised in Lyabuguma Village, Kyotera District.
  • Eviction and demolition orders granted against the 5th Respondent with respect to land measuring 0.313 acres comprised in Lwanda Village, Rakai District.
  • Eviction and demolition orders granted against the 6th, 7th, 8th and 9th Respondents in respect to land measuring 0.983 acres comprised in Nansiiti village, Lwengo District.
  • Eviction and demolition orders granted against the 10th Respondent in respect to land measuring 6.478 acres comprised in Kitakomaga village, Lwengo District.
  • Eviction and demolition orders granted against the 11th Respondent in respect to land measuring 2.247 acres comprised in Kirungi, Binkikiro, and Kitembo B village, Sembabule District.
  • A permanent injunction granted against the Respondents or their Agents from interfering with the Applicant's occupation or use of the land.
  • Each party to bear its own costs.

Rules and key headnotes

Civil Procedure — Consequential Orders — Nature and Purpose
A consequential order is an order of court giving effect to a judgment or decision from which it results, directly traceable to or flowing from the judgment or decision duly prayed for or granted by the court, and is made to give effect to that decision rather than being merely incidental to it.
Civil Procedure — Consequential Orders — Specificity of Orders
Where a general eviction order has been granted covering multiple respondents and multiple parcels of land, and some respondents have complied while others have not, the court may issue consequential orders that are more specific to give effect to the general order, provided no new rights or liabilities are created and the court is simply enforcing the same order with greater specificity.
Land & Property — Compulsory Acquisition — Eviction Following Compensation Deposit
Where compensation for compulsorily acquired land has been deposited in court pursuant to statutory authority and an eviction order has been granted, the court will enforce the eviction order by way of consequential orders where the affected persons refuse to vacate despite notice, particularly where the state incurs costs due to delay in a public interest project.

Legislation cited (8)

Cases cited (4)

  • Davanti Union Limited v Tonny Kipoi Nsubugu and 2 Others (Miscellaneous Cause No. 193 of 2019)
  • Kalibala Vicent and 561 Others v Attorney General (Miscellaneous Application No. 70 of 2015)
  • Prossy Namusoke and Another v Mbaine Archangel (Miscellaneous Application No. 288 of 2022)
  • Kakyo Pamela v Birungi Nicholas (Miscellaneous Application No. 18 of 2023)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Attorney General v Nsamba John Mary and 10 Others (Miscellaneous Application No. 105 of 2025) [2025] UGHC 1101 (27 August 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.