Charles Ariko
10 October 2008
Kampala — TENANTS of Naguru and Nakawa estates have lost a case they filed at the High Court in Nakawa protesting their eviction. The tenants dragged to court the Attorney General, who is representing the Ministry of Local Government that issued the eviction orders.
The Attorney General was jointly sued with OPEC Prime Properties, the prospective developers of the estates.
In their suit, the tenants wanted court to compel the defendants to find alternative accommodation for them before the eviction.
Justice Joseph Murangira, in his ruling on Wednesday, said the case against OPEC Prime Properties was irregularly brought since they were not the ones who issued the eviction orders.
"I agree with the counsel for the respondents. The first respondent (OPEC Prime Properties) did not make any decision that affected the lives of the tenants. Inclusion of the first respondent was misplaced," Murangira ruled.
He said OPEC Properties was not an administrative body and did not make any decisions that directly affected the tenants.
Murangira also ruled that the application for judicial review was filed after the required 14 days had elapsed.
"This application is dismissed with costs to the plaintifs," Murangira ruled and added that any party dissatisfied with his ruling was at liberty to appeal against it.
The tenants have for long been battling their eviction using various offices including that of the President and the IGG before they went to court.
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