Donozio Musisi Sekyaaya v Uganda National Roads Authority (Miscellaneous Cause 330 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court held that while the applicant's compensation sum of UGX 119,154,737 formed part of the total compensation deposited in court, the procedure of bringing successive miscellaneous applications was improper. The applicant should pursue his claim through an ordinary suit joining all relevant parties under Order 1 Rule 7 of the Civil Procedure Rules. The application was dismissed as lacking merit, with the court finding that repeated applications over the same subject matter amounted to forum shopping and abuse of court process.
Outcome
Application dismissed with direction to pursue claim through ordinary suit
Facts
The applicant owned a kibanja at Kalerwe, Kawempe Division, Kampala. In 2012, the respondent Uganda National Roads Authority commenced widening the Wandegeya-Kalerwe road, affecting the applicant's kibanja. The respondent valued the applicant's kibanja at UGX 119,154,737 for compensation purposes. Following disputes over land ownership among affected persons, the respondent deposited the total compensation sum of UGX 723,694,720 in court pursuant to a court order in Civil Suit No. 342 of 2016, to which the applicant was not a party. The applicant had previously filed two applications before the same court seeking payment of his compensation. Justice Henry Kaweesa had directed payment of the applicant's compensation in Miscellaneous Application No. 1552 of 2021, while Justice Tadeo Asiimwe dismissed a subsequent application, directing the applicant to pursue his kibanja interest as he pleased. The applicant then brought this third application seeking confirmation that his compensation formed part of the deposited sum and an order for payment.
Issues
- Whether the applicant's compensatory sum of UGX 119,154,737 formed part of the sum of UGX 723,694,720 deposited in court by the respondent.
- Whether the procedure adopted by the applicant was the proper procedure to claim compensation.
Orders
- Application dismissed.
- No order as to costs.
Rules and key headnotes
Legislation cited (5)
- Judicature Act Cap.13 s.33
- Civil Procedure Act Cap.71 s.98
- Civil Procedure Rules O.52 r.1
- Civil Procedure Rules O.52 r.3
- Civil Procedure Rules O.1 r.7
Cases cited (2)
- Mugerwa Ahmed Kato & 4 Others v Gemstone International Limited & 4 Others (Miscellaneous Cause No. 17 of 2018)
- Male Mabirizi Kiwanuka v Attorney General (Miscellaneous Application No. 89 of 2022)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.