UGANDA, Teso | Real Muloodi News | Lands Minister Judith Nabakooba has been requested to intervene in a dispute over land between the Orungo Catholic Church and the Imoratok clan in the Teso Sub-region.
The issue at hand involves the alleged encroachment of church land onto land claimed by the Imoratok clan.
On May 28, six clan leaders petitioned Minister Nabakooba for assistance. The petitioners include Mr Aleu Mark, Mr Egaru Richard, Mr Odongo Thomas, Mr Eculu Vincent, Mr Anoku Mark, and Mr Ekeu Joseph.
These leaders allege that the Catholic Church in Soroti has surveyed an additional 87 acres of their land, which benefits St. Peters Canisius Catholic Church, Orungo.
In their petition, the clan leaders urge Minister Nabakooba to refer their case to Chief Justice Alfonse Owiny-Dollo for review.
They also request the minister to instruct the Resident District Commissioner (RDC), the District Police Commander (DPC), and the church to cease actions that they describe as intimidation and harassment of the Imoratok people who are using the land.
“The actions of the Church, the RDC, and the DPC are so high-handed, and the members of the Imoratok clan no longer feel safe in, at, and around their homes,” the petitioners stated.
The clan elders have also expressed concerns about the ongoing eviction threats from the church, stating that several families are currently being intimidated by the RDC and the DPC, with some clan members being arrested while cultivating their land, despite an appeal pending in the Court of Appeal.
They request the minister to write to the Commissioner of Survey and Mapping to appoint a surveyor to conduct a joint survey to determine the exact size of the land initially donated to the church and the portion that the church has allegedly encroached upon.
According to the clan elders, they have been the owners and occupants of various parcels of land in Morungatuny, Ococia Parish, Morungatuny Sub-county in Amuria District, held under the customary land tenure system.
They claim that around 1944, their forefathers donated land to Orungo Catholic Church. However, around 2009/2010, the church allegedly encroached on the Imoratok clan’s land by surveying an additional 60 acres for the benefit of St. Peters Canisius Catholic Church, Orungo, without their consent, leading to legal action against the church.
In 2022, Justice Henry Peter Adonyo ruled in favour of the church, stating that the six clan leaders brought the suit to use the judicial system to claim land that rightfully belonged to the church under false pretences of customary ownership and inheritance.
The clan leaders have since appealed the High Court decision and are awaiting a hearing in the Court of Appeal.
They argue that the trial judge should have visited the site to verify the boundaries of the original land donation and the extra land allegedly annexed by St. Peters Canisius-Orungo.
This case underscores the complex nature of land disputes involving historical land donations and the interpretation of customary land tenure systems.
The outcome of the appeal could have significant implications for similar cases across the region.
The land in question is situated in Morungatuny, Ococia Parish, Morungatuny Sub-county in Amuria District. The clan elders assert that the land has been held and owned by the Imoratok clan under customary land tenure.
They allege that their ancestors donated land to the Orungo Catholic Church in the 1940s and that the church has since overstepped its boundaries by annexing additional land.
In 2009/2010, the Imoratok clan claimed the church surveyed an extra 60 acres without their consent, leading to the current legal battle.
The church, on the other hand, maintains that it has acted within its rights and that the additional land was not improperly acquired.
The initial ruling in 2022 by Justice Henry Peter Adonyo favoured the church. The judge concluded that the clan leaders’ claims were an attempt to use the judicial system to seize land that belonged to the church.
The clan leaders have appealed this decision, arguing that the judge did not visit the disputed land to verify the boundaries and the extent of the alleged encroachment.
The appeal is currently pending, and the clan leaders have sought the intervention of Minister Nabakooba to ensure a fair review of their case.
They hope that the Chief Justice will take into account their claims and the historical context of the land donation.
The ongoing land dispute has significant implications for the local community. The Imoratok clan leaders have expressed concerns about intimidation and harassment by local authorities and church representatives.
They claim that families are being threatened with eviction and that some members have been arrested while working on the disputed land.
“The actions of the Church, the RDC, and the DPC are so high-handed, and the members of the Imoratok clan no longer feel safe in, at, and around their homes,” the petitioners stated.
The dispute has also affected the relationship between the church and the local community. The clan leaders argue that the church’s actions have created tension and mistrust, and they are seeking a resolution that respects their customary land rights.
Minister Judith Nabakooba has been asked to intervene in the dispute and to refer the case to Chief Justice Alfonse Owiny-Dollo
The clan leaders have also requested the minister to direct the RDC and the DPC to stop actions that they describe as intimidation and harassment.
The Catholic Church has not publicly responded to the latest petition, but it has previously maintained that it has acted within its rights regarding the land in question.
One of the key requests from the clan leaders is for a joint survey to be conducted to ascertain the exact boundaries of the land donated to the church and the portion that the church allegedly encroached upon.
They have asked Minister Nabakooba to instruct the Commissioner of Survey and Mapping to appoint a surveyor for this purpose.
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