UGANDA, Teso | Real Muloodi News | The land dispute between the Soroti Catholic Diocese and the Imoratok Clan in Teso Sub-region has escalated, with the Imoratok Clan appealing the High Court’s decision in favour of the Church.
Represented by Omongole & Co. Advocates, five members of the Imoratok Clan, led by Mark Aleu, filed an appeal with the Court of Appeal. The appeal challenges the decision made by Justice Henry Peter Adonyo on October 14, 2022.
“Take notice that [Mark Aleu and five others] (herein referred to as the appellants), being aggrieved and dissatisfied with the decision of Justice Henry Peter Adonyo, intend to appeal to the Court of Appeal against the whole decision made thereunder,” states the appeal notice.
The Imoratok Clan claims that Justice Adonyo did not conduct an on-site visit to determine the boundaries of the original land donated to the church.
They argue that such a visit would have revealed the additional land allegedly annexed by St. Peter’s Canisius-Orungo.
Justice Adonyo ruled that the six clan leaders were attempting to seize land from the Church under pretences of customary ownership.
“The claim has been found wanting and has been dismissed with costs. A court of law cannot allow greedy persons to come up and allege custom when none exists,” Justice Adonyo ruled.
Court documents indicate that in 1944, the late Etengu permitted the Catholic Church to establish a church, a health centre, and a primary school on a 50-acre piece of customary land. This land was intended solely for religious, educational, and health purposes, not for business.
In 2009 and 2010, the Soroti Catholic Church allegedly encroached on the Imoratok Clan’s land by surveying an additional 87 acres without their consent. This led the clan to sue the Church, the Amuria District Land Board, and Fr. Joseph Ipurale Ocom, the parish priest of St. Peter’s Canisius in Orungo at the time.
“Under the aforesaid grant, the land was never intended to be converted into freehold ownership by the church or any other entity, more specifically, the non-legal entity of St. Peter’s Canisius-Orungo, but was intended to promote religious, educational, and health activities in the area,” the court documents state.
The Imoratok Clan claims that their dispute is not over the land initially donated to the church but the additional land allegedly encroached upon without their consent.
They assert that the church had no right to alienate the disputed land as they did not own it.
“The customary ownership of the suit land is enjoyed only by the people of the Imoratok Clan where the plaintiffs belong,” state the court records.
Fr. Ocom, the parish priest at the time, refuted the allegations, asserting that it was the clan members who were attempting to seize Church land.
“The High Court ruled against them, and we are aware that they have gone to the Court of Appeal. Actually, it’s these people who are using what God has blessed them with to grab what their forefathers gave to the Church,” Fr. Ocom stated in a telephone interview.
Fr. Ocom questioned the origins of the more than 100 acres of land mentioned by the clan members, stating that the land known to the Church amounts to 52 acres.
The Court of Appeal has yet to schedule the hearing for the Imoratok Clan’s appeal. The clan continues to seek a resolution to their dispute over the alleged encroachment of their ancestral land by the Soroti Catholic Diocese.
The ongoing legal battle highlights the tension between traditional land ownership and institutional claims in Uganda.
As the case progresses through the judicial system, it remains a significant issue for the local community, reflecting broader challenges in land management and rights in the region.
Mr. Dennis Obbo, the Principal Communications Officer at the Ministry of Lands, emphasised the importance of clear land ownership documentation to avoid such disputes.
“Proper documentation and registration of land ownership are crucial to prevent conflicts and ensure that land transactions are transparent and legally binding,” Mr. Obbo said.
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