Wakilii

Attorney General v Sempebwa & Others (Miscellaneous Application 26 of 2024)

High Court · [2024] UGHC 929 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by the Attorney General for leave to deposit compensation in court and for vacant possession, eviction and demolition orders for land compulsorily acquired for the East Africa Crude Oil Pipeline Project
Decision
Compensation sum ordered to be deposited in court; applicant granted vacant possession and eviction/demolition orders for the EACOP project land

Observed later treatment

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Holding

The High Court held that the Attorney General satisfied all legal requirements for compulsory land acquisition under Article 26 of the Constitution and the Land Acquisition Act. Where some project-affected persons refused compensation, others were untraceable, and some estates lacked legal representatives, the court granted leave to deposit the assessed compensation sum of UGX 711,679,010 in court and ordered vacant possession, eviction and demolition to enable the EACOP project to proceed. Dissatisfied respondents retain the right to institute proceedings under section 13 of the Land Acquisition Act.

Outcome

Compensation sum ordered to be deposited in court; applicant granted vacant possession and eviction/demolition orders for the EACOP project land

Facts

The Government of Uganda sought to acquire approximately 2740 acres of land across multiple districts for the East Africa Crude Oil Pipeline (EACOP) project. On 29 November 2019, the Minister gazetted the required land under Statutory Instrument No. 105 of 2019. The Chief Government Valuer was appointed Assessment Officer on 20 November 2023 and assessed compensation for project-affected persons. The respondents owned or claimed interests in 102.499 acres affected by the project in Lwengo, Rakai and Kyotera Districts. Despite government engagement since 2022, some respondents refused the assessed compensation as inadequate, others could not be located, some estates lacked legal representatives or title documents, and disputes existed over rightful ownership. The Attorney General applied for leave to deposit the total assessed compensation of UGX 711,679,010 in court and for vacant possession to enable the project to proceed.

Issues

  1. Whether the Applicant should deposit the Respondents' compensation sum in Court.
  2. What remedies are available to the parties?

Orders

  • Applicant granted leave to deposit in Court the Respondents' compensation sum of UGX 711,679,010 as assessed by the Chief Government Valuer.
  • Sum to be deposited on the account of the Registrar High Court, Account Number: 003010088000012 Bank of Uganda.
  • Applicant granted vacant possession of the land to conduct its activities thereon.
  • Applicant granted eviction and demolition orders against the Respondents but must do so without endangering human life and in accordance with the law.
  • Applicant discharged from any liabilities arising out of any claim and/or action following the orders sought.
  • No orders as to costs.

Rules and key headnotes

Constitutional Law — Compulsory Acquisition of Property — Requirements under Article 26(2)
Under Article 26(2) of the Constitution, compulsory acquisition of property is permitted only where it is necessary for public use or in the interest of defence, public safety, public order, public morality or public health, and where the law makes provision for prompt payment of fair and adequate compensation prior to taking possession and a right of access to a court of law.
Land Acquisition — Deposit of Compensation in Court — Grounds under Section 6(5)
Section 6(5) of the Land Acquisition Act permits the High Court, on application by the Attorney General, to order compensation to be deposited in court where an appeal is lodged, a person refuses to accept payment, or any other circumstances render it inexpedient, difficult or impossible to make payment in accordance with the award.
Land Acquisition — Disputes Among Claimants — Court Power to Permit Deposit and Possession
Where disputes arise among project-affected persons themselves or regarding assessed awards, the court is required to apply Article 26 of the Constitution bearing in mind the public interest and the need not to hamper implementation of a public project merely because of disputes among respondents or challenges to assessed awards.
Land Acquisition — Rights of Dissatisfied Landowners — Right to Object under Section 13
Landowners dissatisfied with assessed compensation or contesting valuation retain the right to institute legal proceedings by way of objection or other action to the High Court under section 13 of the Land Acquisition Act.

Legislation cited (10)

Cases cited (3)

  • Advocates for Natural Resources Governance and Development & 2 Others v Attorney General & Another (Constitutional Petition No. 40 of 2013)
  • Attorney General v Etot Paul Peter & Others (Civil Appeal No. 144 of 2018)
  • Attorney General v Kisembo Rugadya & 41 Others (Miscellaneous Application No. 24 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 Sempebwa & Others (Miscellaneous Application 26 of 2024) [2024] UGHC 929 (1 October 2024)
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.