Wakilii

Kakembo & 2 Others v Ssekyanzi & 3 Others (Miscellaneous Application 2608 of 2024)

High Court · [2024] UGHCLD 285 · 2024 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application arising from pending civil suit for recovery of land, seeking order for deposit of UNRA compensation into court pending determination of main suit
Decision
Application granted with direction for UNRA to deposit compensation in court pending determination of main suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where land subject to pending litigation is compulsorily acquired for a public infrastructure project, the court has inherent power under section 98 of the Civil Procedure Act and section 37 of the Judicature Act to order the acquiring authority to deposit compensation monies in court pending determination of the suit. This balances the public interest in project completion with safeguarding the rights of disputing claimants and avoids rendering the main suit nugatory.

Outcome

Application granted with direction for UNRA to deposit compensation in court pending determination of main suit

Facts

The applicants are administrators of the estate of the late Gabriel Galabuzi Bigirwa, registered proprietors of land comprised in Busiro Block 489 Plots 4331 and 4332 at Sanda, Nakawuka. In 2021, the 1st respondent obtained a consent judgment causing the applicants to be removed from the area schedule, but this consent judgment was set aside by the Family Division in November 2023 and the original Plot 137 was reinstated. The applicants filed Civil Suit No. 1411 of 2023 seeking recovery of the land and declarations of fraud against the respondents. During the pendency of the suit, the land became subject to compulsory acquisition by UNRA for the Entebbe-Nakawuka Road project. The applicants sought an order for compensation monies to be deposited in an escrow account to prevent dissipation pending determination of the ownership dispute.

Issues

  1. Whether the proceeds from compensation by UNRA in respect of land comprised in Block 489 Plots 4331 and 4332 can be deposited in an escrow account in either Absa Bank, Equity Bank, Centenary Bank or such other bank as court may direct?

Orders

  • The 4th respondent is directed to deposit in court the assessed compensation sum in respect of land comprised in Block 489 Plots 4331 and 4332 Land at Sanda, Nakawuka, Busiro Wakiso pending determination of Civil Suit No. 1411 of 2023
  • The amount deposited shall be subject to recovery by the party or parties adjudged entitled to the suit-land as determined by the court in Civil Suit No. 1411 of 2023
  • No orders as to costs

Rules and key headnotes

Civil Procedure — Interlocutory Applications — Inherent Powers of Court — Payment of Compensation into Court Pending Determination of Suit
Where land subject to pending litigation is compulsorily acquired for a public infrastructure project, the court has inherent power under section 98 of the Civil Procedure Act and section 37 of the Judicature Act to order the acquiring authority to deposit compensation monies in court pending determination of the suit, to avoid rendering the main suit nugatory and to prevent dissipation of the subject matter.
Administrative Law — Compulsory Land Acquisition — Public Interest — Balancing Public Interest with Private Rights
Disputes among project-affected individuals should not serve as a basis to halt the progress of government infrastructure projects. The court must balance the imperative of public interest in timely completion of infrastructure projects with the need to safeguard the rights and interests of disputing claimants by allowing the project to proceed while protecting competing claims through payment of compensation into court.
Land & Property — Compensation — Compulsory Acquisition — Disputed Ownership — Payment into Court
Where there is a dispute as to ownership of land compulsorily acquired for a public project, compensation should be paid into court rather than to a specific claimant, with recovery subject to the outcome of the ownership dispute, to avoid protracted litigation over recovery of monies wrongly paid.

Legislation cited (4)

Full judgment

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Kakembo_&_2_Others_v_Ssekyanzi_&_3_Others_(Miscellaneous_Application_2608_of_2024)_[2024]_UGHCLD_285_(4_December_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.