New Vision (Kampala)

Uganda: Court Stops KCCA From Disbanding Kampala Land Board

The Court of Appeal has stopped Kampala Capital City Authority (KCCA) from disbanding Kampala District Land Board and transferring its powers to the Uganda Land Commission.

Justice Steven Kavuma, who made the ruling, also restrained KCCA from creating a new land board, claiming that it is acting on the advice of the solicitor general.

Court barred the metropolitan body from interfering with the "smooth running and operations of the Kampala District Land Board" until the hearing and final disposal by court of constitutional application 28 of 2011 and constitutional petition 34 of 2011.

The court further directed the registrar and the parties to the suit to take the necessary steps to ensure that the hearing of the constitutional application and the petition be heard at the earliest possible time.

If the hearing is not done within the next 90 days, the orders shall be taken back before court for review.

However, when asked for a comment over the court's ruling, the Authority's spokesperson, Peter Kawujju, told New Vision that their legal team was still digesting the ruling.

On whether the Authority would remove the police over the weekend and allow the city land board officials entrance to their offices on Monday, Kawujju denied that KCCA ever placed them [police] there.

The police guards were brought in as a result of the investigations that had been ordered.

When asked whether Kampala District Land Board had contacted KCCA for access to their offices after the ruling, the board chair, Yusuf Nsibambi, told New Vision "they have nothing to do, but to obey the orders of the court."

Defying court orders translates into contempt of court, which is an offence in law.

"We are ready to resume the duties required of us by the public," the lawyer said.

The ruling that was read by the registrar Elias Kisawuzi followed an application by two local investors, Nasser Kiingi and Winnie Kalyesubula in which they sought for temporary orders restraining KCCA from acting on the advice of the Solicitor General.

Peter Walubiri, who represented the applicants, had told court that after obtaining a lease agreement for Plots 6/7 Fifth Street from land registration, they [Kiingi and Kalyesubula] were told that they could not execute it as KCCA was in the process of disbanding the city land board.

Walubiri told court that the applicants had also petitioned the Constitutional Court, challenging the constitutionality of KCCA's actions and argued that if the orders sought were not granted their constitutional petition would be wasted.

However, Maureen Ijanga, the state attorney representing the AG had asked the court to dismiss as misconceived and an abuse of court process the application by Kiingi and Kalyesubula.

She had also argued that there was no issue for constitutional interpretation.

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