Wakilii

Muhwezi v Uganda National Roads Authority (Civil Suit 86 of 2022)

High Court · [2023] UGHC 142 · 2023 Judgment for Plaintiff AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for compensation for compulsory land acquisition
Decision
Judgment entered for the Plaintiff with orders for compensation, general damages, interest and costs

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that UNRA violated the plaintiff's constitutional right to property by commencing road construction on compulsorily acquired land before paying prior adequate compensation as required by Article 26(2) of the Constitution. Where a landowner rejects the initial valuation and the acquiring authority fails to conduct a re-assessment, the landowner's independent valuation is accepted. Compensation of UGX 312,000,000 awarded based on the District Valuer's report, plus general damages of UGX 85,000,000.

Outcome

Judgment entered for the Plaintiff with orders for compensation, general damages, interest and costs

Facts

The plaintiff owned land measuring approximately 1.267 hectares (2.29 acres) at Kyarushesha Trading Centre, Kikuube District. UNRA compulsorily acquired part of this land for the construction of the Hohwa Nyairongo-Kyarushesha road and assessed compensation at UGX 60,521,500. The plaintiff rejected this valuation on grounds that the land was commercial and in a Town Board area where a plot of 50ft x 100ft sold for UGX 8-10 million. He appealed for re-assessment and UNRA undertook to handle it through the Chief Government Valuer. When re-assessment did not occur, UNRA proceeded with construction after obtaining the plaintiff's consent for access pending compensation. The plaintiff obtained an independent valuation from the District Valuer Kikuube at UGX 312,000,000. UNRA did not pay compensation and claimed the land was adversely claimed by one Afaayo Efraim. The defendant failed to file witness statements or attend trial.

Issues

  1. Whether the Defendant compulsorily acquired the Plaintiff's land.
  2. Whether the Plaintiff is entitled to compensation by the Defendant for the compulsorily acquired land.
  3. What remedies are available to the parties.

Orders

  • A declaration that the Defendant interfered with the Plaintiff's land at Kyarushesha village, Kyangwali Sub County, Kikuube District and it has without adequate compensation, compulsorily acquired it for purposes of construction of the Hohwa Nyairongo-Kyarushesha road.
  • An order directing the Defendant to pay compensation to the plaintiff the value of his land amounting to UGX 312,000,000.
  • General damages of UGX 85,000,000 awarded to the Plaintiff.
  • Costs of the suit awarded to the Plaintiff.
  • Interest at 20% per annum on compensation from the date of filing the suit and on general damages from the date of judgment till payment in full.

Rules and key headnotes

Constitutional Law — Right to Property — Compulsory Land Acquisition — Prior Payment of Compensation
Article 26(2) of the Constitution mandates prompt payment of fair and adequate compensation prior to taking possession or acquisition of property compulsorily acquired for public purposes. Any act that makes no provision for prior payment of compensation before government compulsorily acquires or takes possession of property contravenes Article 26(2) and is illegal.
Land & Property — Compulsory Acquisition — Valuation Disputes — Burden on Acquiring Authority
Where a landowner rejects the acquiring authority's initial valuation and appeals for re-assessment, and the acquiring authority undertakes to conduct a re-assessment through the Chief Government Valuer but fails to do so, the landowner is entitled to obtain an independent valuation and the acquiring authority bears the burden of rebutting it with evidence.
Land & Property — Compulsory Acquisition — Adverse Claims — Effect on Compensation Duty
An unproven allegation by the acquiring authority that the land is adversely claimed by a third party does not constitute a defence or excuse for non-payment of compensation to the registered proprietor. The proper course is to add the adverse claimant as a party so that all matters in controversy are heard and finally determined.
Administrative Law — Statutory Bodies — Procedural Fairness — Duty to Complete Undertakings
Where a statutory body such as UNRA undertakes to handle a landowner's appeal for re-assessment through a specified procedure, it must complete that procedure before commencing construction or otherwise act in breach of the landowner's constitutional rights.

Legislation cited (4)

Cases cited (4)

  • Muller v Minister of Pensions [1947] 2 All ER 372
  • Lugazi Progressive School and Another v Serunjogi and Others [2001-2005] 2 HCB 12
  • Advocates for Natural Resources Governance and Development and 2 Others v Attorney General and Another (Constitutional Petition No. 40 of 2013)
  • Uganda National Roads Authority v Irumba Asumani and Another (Supreme Court Civil Appeal No. 2 of 2014)

Full judgment

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

Muhwezi v Uganda National Roads Authority (Civil Suit 86 of 2022) [2023] UGHC 142 (3 November 2023)
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.