UGANDA, Katanga | Real Muloodi News | The High Court has ordered the Kampala Capital City Authority (KCCA) to issue on merit a development permit for Pastor Daniel Walugembe’s equal interest in land in Katanga Valley, Wandegeya, Kampala.
High Court Judge Emmanuel Baguma held that KCCA’s refusal to give the pastor a development permit for his equitable interest was arbitrary, illogical, and a breach of natural justice principles.
“The respondent (KCCA) is duty bound to review and determine on merit the applicant’s application for a development permit for his equitable interest,” noted Justice Baguma before directing the municipal officials to pay Pastor Walugembe’s legal fees incurred while litigating the case.
Pastor Walugembe filed a court petition in 2021 after KCCA refused to issue him a development permit for his equitable stake (Kibanja) in Katanga Valley near Wandegeya.
According to the court, the Physical Planning Committee refused to issue Pastor Walugembe the licence because the land he intended to develop was under appeal in the Court of Appeal.
Pastor Walugembe’s previous lawyers secured a decision in their favour in Civil Suit No. 857 of 2000, which has never been reversed or stayed by a competent court, according to court documents.
Therefore, Pastor Walugembe’s current lawyers at Mwesigwa Rukutana and Company Advocates, stated that the denial of the applicant’s request for development authorisation owing to the ongoing appeal is irrational and should be overturned.
The court heard that the putative appeal by Makerere University was submitted about seven years ago and has remained unprosecuted to date, and that it cannot be used to deny a development permit to a beneficiary of a legitimate decision.
Previous Ruling
The High Court ruled in 2015 that the bibanja occupants on Katanga land are legitimate, but Makerere University was dissatisfied with the court’s judgement and orders and has since appealed to the Court of Appeal, which appeal has yet to be heard, and no orders for a stay of execution have ever been issued.
Pastor Walugembe is the bona fide occupant with an equitable stake in Kibanja measuring around 28.75 acres of land located in Katanga valley Wandegeya, Kawempe division, which he acquired from Bulasio Buyise, Jonathan Masembe, G Kalimu, Samali Namboga, and others.
Pastor Walugembe contended in his sworn statement before the court that the KCCA’s rejection to hear his application was a breach of its statutory duty since the appeal does not serve as a stay of execution or can be used to hinder the enjoyment of a person’s existing legal rights and interests.
“I have been subjected to grave inconvenience and expense like cost of drawing plans, inspection and approval fees, instruction to advocates to pursue the matter at KCCA and the opportunity cost of failure to utilise my land and develop it for commercial purpose,” reads the court document.
READ MORE LIKE THIS:
Katanga Residents Seek USh300m Compensation and Protection from Illegal Eviction
High Court Halts Makerere University and KCCA From Demolishing Katanga Church and Others
