UGANDA, Hoima | Real Muloodi News | The Hoima High Court has dismissed a plea by nine individuals seeking to halt their eviction from land earmarked for the Tilenga oil project in Uganda’s Hoima District. The plea was led by Mr Mugisha Mulimba on behalf of the affected residents.
However, presiding Acting Assistant Registrar Emmanuel Bamwiite ruled that compensation had already been awarded for the land, making the application invalid.
Registrar Bamwiite ruled that since the applicants had been compensated, they could not seek to stay the enforcement orders of High Court Miscellaneous Cause No. 24 of 2023.
The order involved the Attorney General’s case against Kisembo Rugadya and 41 others.
“I am persuaded by the arguments of Counsel for the Respondent that the Applicant’s refusal to collect their due compensation, failure to vacate the project land even after having been notified of the compensation as assessed by the Chief Government valuer is likely to constrain the Respondent’s activities and delay the implementation of the Tilenga oil project,” Bamwiite stated.
In their application, the nine people claimed they were at risk of eviction from their respective land, totalling approximately 59.674 acres.
Their claims centred around allegations that the eviction would take place without adequate compensation.
The court decision was based on the arguments presented by Mr Padde Semu, a senior geologist and reservoir expert in the Ministry of Energy’s Petroleum Department.
Semu argued that the individuals were among “Project Affected Persons” (PAPs) whose land had been legally acquired by the government for the project.
Semu stated that a “negotiated process” was followed, including Resettlement Action Plans (RAPs) and land valuations, to determine fair compensation for each affected person.
“The refusal by the applicants to accept the assessed compensation and vacate the suit land constrained the respondent’s activities and delayed the implementation of the Tilenga project to the detriment of the respondent and the International Oil Companies undertaking oil and gas activities on behalf of the Government of Uganda,” Semu told the court.
The government had previously filed a separate case (High Court Miscellaneous Cause No. 24 of 2023) seeking court permission to deposit the awarded compensation (UGX 945 million) and evict any PAPs refusing to vacate the 59.674-acre plot.
The court order on December 8, 2023, granted the government’s request, allowing them to deposit the compensation, gain vacant possession of the land, and proceed with evictions if necessary.
Semu emphasized that the government was acting lawfully based on the December court order. He added that a notice to vacate the land was served to the affected individuals on February 1, 2024.
The applicants were represented by M/s Kiiza & Mugisha Advocates and M/s Kamau Advocates & Solicitors, while the Attorney General’s Chambers represented the government.
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