The High Court in Mbale has dismissed a human rights case filed by over 1,600 residents of Bukwo District. The residents had sought justice for being evicted from their ancestral land on the eastern slopes of Mount Elgon more than two decades ago.
The case, Civil Suit No. 55 of 2023, was filed on August 17, 2023. The plaintiffs claimed that their fundamental rights under Article 50 of the Constitution had been violated. Justice Dr. Farouk Lubega ruled that the case could not proceed because it was filed too late.
The residents claimed that on February 24, 1999, they were forcibly removed from their land by Uganda Wildlife Authority officers, supported by soldiers and police. They said they were not given compensation, resettlement, or a fair hearing.
"Several thousands of people...were unlawfully, forcefully and illegally evicted an action that caused their lives, loss of properties and valuables,"In their affidavit, the plaintiffs said.
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They added that their suffering continues:
"Issues of Human Rights...cannot be limited by time as it is continuous up to the date in which the Respondents continue living destitute lives in their own country with nowhere to call a home."
The government argued that the case was filed over 24 years after the alleged eviction. This made it "out of time" under the law.
"The delay has greatly prejudiced the Applicants in gathering evidence and making a meaningful defense...since most of the officers who were in charge have long since retired or left service and some have even died,"State Attorney Isaac Olucho said:
He explained that time limits exist to ensure fairness for everyone:
"When courts entertain stale claims...the Respondents are prejudiced in a material way since court cannot effectively investigate the matter and interrogate evidence."
The residents argued that they tried to negotiate with the government before filing the case. They said:
"Several attempts...have been made to have the Plaintiffs resettled and compensated...BUT to no avail."
They also noted that over 1,670 people remain without resettlement even though the government promised them land.
The court, however, said these negotiations do not extend the legal time limit for filing a case. The Supreme Court has ruled:
"Even where genuine and active negotiations are going on...it is incumbent upon those who need to file documents to do so within the time allowed."
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Justice Lubega explained that the Human Rights (Enforcement) Act 2019 requires claims to be filed within 10 years.
Since the law came into force in 2019, it cannot be applied retroactively to violations in 1999.
The Limitation Act Cap 290 also says:
"No action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued..."
Because the case was filed 24 years later, it exceeded the time limit.
The court also referred to past rulings warning against using the courts to pursue stale claims:
"No litigant has a right to unlimited drought on the court time and public money in order to get his affairs settled...Easy access to justice should not be misused as a licence to file misconceived and frivolous petitions."
Justice Lubega dismissed the case and said each party should bear its own costs.
"Civil Suit No. 55 of 2023 is barred by the law of limitation hence it is hereby dismissed,"he stated:
The ruling means the residents cannot pursue this case in court, even though they still seek resettlement and compensation.
The decision highlights the importance of filing cases within the legal time limits, even for historic injustices. While human rights cannot be violated, the law says claims must be filed in time for the court to act fairly.
