Attorney General v Byaruhanga and 12 Others (Civil Miscellaneous Application 21 of 2024) [2024] UGHC 927 (20 September 2024)

Full Case Text

#### THE REPUBLIC OF UGANDA

## IN THE HIGH COURT OF UGANDA HOLDEN AT HOIMA

#### MISCELLANEOUS APPLICATION NO.021 OF 2024

#### ATTORNEY GENERAL:::::::::::::::::::::::::::::::::::: **VERSUS**

- 1. BYARUHANGA IRENEO - 2. KABENI JAMES - 3. NAKAGIRI MARY - 4. ATWOOKI KASIRIVU (Beneficiary of the estate of the LATE DAUDI WAKAME) - 5. LULE JOHN (Beneficiary of the estate of the LATE JEMUSI NGALI) - 6. TUSINGWIRE SHIRAJ (Beneficiary of the estate of the LATE TADEO ZAKE) - 7. MASEMBE HERMAN & KALANZI WILBERFORCE (Beneficiaries of the estate of the LATE ZOBI TAKALIRYA) - 8. ALICWAMU FLORENCE (Beneficiary of the estate of the LATE PAULO KIPAPAZI) - 9. OPIO STEPHEN - 10. MUHUMZA FRANCIS - 11. BARATOWABO EVANGERIST - 12. ATEGYEKA ROBERT - 13. KIGONGO KIBIITOJOHN:::::::::::::::::::::::::::::::::::

BEFORE: HON. JUSTICE BYARUHANGA JESSE RUGYEMA

### **RULING**

- This application is brought by the Attorney General of Uganda $[1]$ under Art. 26 (2) (a) & (b) of the Constitution of the Republic of Uganda, S.37 of the Judicature Act Cap.16, S.98 CPA Cap.282, S.6 of the Land Acquisition Act Cap. 235 and 0.52 rr 1 & 3 CPR for the following orders: - (1) That the Applicant be granted leave to deposit in Court the Respondents' compensation sum of Ugx. $160,070,843/$ = for land comprised in the villages of Kabeerye in Kikuube **District** Nyakabungo, and Mweruka, Kasambya.

Karokarungi, Rwemirama, Kijungu, Wabitaama, Kyerimira, Kalabata and Binikira East in Kakumiro District forming part of the land earmarked for the East African Crude Oil Pipeline Project (hereafter referred to as "EACOP" Project).

- The Applicant be granted vacant possession of the land $(2)$ herein above to conduct its activities thereon. - (3) The Applicant be granted eviction and demolition orders against the Respondents. - The Applicant be discharged from any liabilities arising out $(4)$ of any claim and/or action following the orders sought herein. - Costs of this application be provided for. $(5)$ - The grounds in support of this application are set out in the $[2]$ affidavits deposed by Irene Pauline Bateebe, the Permanent Secretary, Ministry of Energy and Mineral Development and Gilbert Kermundu, the Chief Government Valuer with the Ministry of Lands, Housing and Urban Development and the Assessment Officer for the East African Crude Oil Pipeline (the 'EACOP Project'). - $[3]$ The Applicant was represented by Mr. Mark Muwanga, an Attorney in the Attorney General Chambers, Kampala while none of the Respondents $\quad\text{ with }\quad$ appeared any Counsel legal representation. - The Respondents were duly served with the application by the $[4]$ Court process server a one **Opio Moses** of the Attorney General's Chambers. Despite the hardships associated with effecting service of summons and other court processes to members of communities and individuals who are Project Affected Persons (PAPs) as in the instant case, the process server acted meticulously and was able to effect service of the court process on the 26/8/2023 as per his affidavit of service on record dated $12/9/2024$ and filed in this court on the Respondents by $13/9/2024$ . The 2nd, 3rd and 8th Respondents attended court on the fixed date for hearing of this application while the $4^{\text{th}}$ , $5^{\text{th}}$ , $6^{\text{th}}$

$\mathcal{L}$

$\overline{W} = -\infty$

and 7th Respondents who comprise none legal entities of families of estates of deceased persons, their absence may be understable for reasons that in most cases, they lack legal representatives majorly because they may be still engaged in the court processes for securing Letters of Administration and or probate or, they are are yet to identify potential or who to be their legal representative.

- The other Respondents are comprised of either absentee $[5]$ landlords whose whereabouts are unknown and then, the rest are individuals. The absentee landlords and untraceable individuals have been served through the L. C. leadership while the known individuals were personally served. - As a result of the above, this court is satisfied that the $\begin{matrix} 61 \end{matrix}$ Respondents were duly served and as a result, proceeds to determine this application accordingly. Both the $2^{nd}$ and $3^{rd}$ **Respondents** addressed court arguing that what the Government Valuer assessed as compensation for their respective portions of land was not satisfactory while the $8th$ Respondent addressed court that the family or the beneficiaries of the estate of the late Paulo Kipapazi whom she represented had no problem with the compensation signifying that, they are contented and satisfied with the assessed sum for compensation save that they were yet to procure the required Letters of Administration for the legal representative of the estate of the deceased owner so as to enable them receive the compensation award.

## Background

$\mathcal{K}_{\mathcal{A}_{n-1}}$

$\alpha:=\pi(\widehat{\varphi})$

The Respondents in this case are land owners and users of 24.97 $[7]$ Kabeerya (Kikuube $in$ the villages $of$ acres District). Nyakabingo, Mweruka, Kasambya, Karokarungi, Rwemirama, Kijungu, Wabitaama, Kyerimira, Kalabata and Binikira East (Kakumiro District). The Government of Uganda as part of its commitment to develop Uganda's oil and gas sector and to ensure the social economic transformation of the country granted **East**

$\mathbf{r} = \mathbf{r} = \mathbf{r} \mathbf{r}$

$\frac{\mathbf{A}}{\mathbf{A}}$

$\langle \pi \rangle = \Gamma \cdot \theta$

$\mathbf{z}_{-n}$

$\vec{u} = \frac{w}{w} \frac{w}{w}$ (6)

$\mathbf{I}_{\text{max}} = \mathbf{Z}$

$\mathcal{L} = \mathcal{L} = \mathcal{L}$

$\overline{u}$ $\overline{u}$ $\overline{u}$

$\mathcal{L}^{\mathcal{L}}$

African Crude Oil Pipeline (EACOP) Ltd a licence to construct the East African Crude Oil Pipeline, the 'EACOP project'.

- The implementation of the 'EACOP' project required land where $[8]$ the crude oil pipeline is to pass and be constructed. As a result, the Government of Uganda exercised its right under the land Acquisition Act Cap 226 which provides for the compulsory acquisition of land for public purposes and/or for matters incidental thereto and connected therewith and identified the 24.97 acres of land in occupation by the Respondents. In other terms, this Government acquisition of land is referred to as "Involuntary" land acquisition, the taking of land by Government or other government agencies for compensation for the purposes of a public project against the will of the land owner. - $[9]$ In its bid to acquire land for purposes of developing the EACOP project, on 29/11/2019, the Minister of Lands, Housing and Development published Urban the Land **Acquisition** (Development of the East African Crude Oil Pipeline) S. I No. 105 of 2019, declaring the land described therein, which included the portions of land in question measuring 24.97 acres, as required for public purpose. - [10] The Government of Uganda carried out valuation of the **EACOP** project affected land and the valuation reports for the EACOP **Resettlements** Act Plan (RAP) were approved by the Chief Government Valuer to facilitate the payment of compensation of Project Affected Persons (PAPs). In this case, the Respondents are some of the Project Affected Persons under the East African Crude Oil project (EACOP project). - [11] The refusal of compensation by some of the Respondents and absence of legally recognised representatives $(4th 8^{\rm th}$ Respondents) and the inability to locate the other Respondents significally affect the implementation of the EACOP project by way of delay, which has heavy costs implications to the Government hence the present application lodged by the

$\theta \cdot \vec{v} = \frac{e^{\alpha} - e^{\beta}}{2}$ , $\alpha = \alpha$ .

Applicant under S.6 (5) of the Land Acquisition Act for leave to deposit in Court the Respondents' compensation sum for their land appropriated by the Government.

## Determination of the Application

# Issue: Whether the Applicant should deposit the Respondents' compensation sum in Court.

[12] Counsel for the Applicant submitted that the Applicant seeks leave to deposit the compensation sum in Court to ensure that the East African Crude Oil Pipeline (EACOP) project proceeds without further delay. That the Respondents' refusal to accept compensation, the absence of legally recognised representatives for some beneficiaries and inability to locate certain Respondents have hindered the compensation process. That in compliance with Art. 26 (2) of the Constitution which safeguards against the deprivation of property without consent and provides for prompt payment of fair and adequate compensation, where in this case, the land in question is required for the public purpose of constructing the East African Crude Oil Pipeline, a Statutory **Instrument** was issued declaring the land necessary for public use and the Assessment Officer was tasked to determine the land's area, appropriate compensation, its apportionment among the interested parties and the appropriate assessment were made as their compensation sums.

[13] Upon perusal of the application and the affidavits in support of the application with the annexures thereto, I am satisfied that the lands in issue were acquired for public use i.e. for the EACOP project and, the Assessment Officer made the relevant and appropriate compensation awards to the Persons Affected by the Project (the PAPs). Under **S.6 of the Land Acquisition Act.** where Government has compulsorily acquired land, provides

thus:

"(4)where an assessment officer makes an award.........in respect of any land $(a)$ ...

(b) subject to subsection (5), the Government shall pay compensation in accordance with the award as soon as possible after the expiry of the time within which an appeal may be lodged.

$\hat{a} = \frac{1}{2}$ $\hat{a} = \frac{1}{2}$ $\hat{a} = \frac{1}{2}$ $\hat{a} = \frac{1}{2}$ $\hat{a} = \frac{1}{2}$ $\hat{a} = \frac{1}{2}$ $\hat{a} = \frac{1}{2}$ $\hat{a} = \frac{1}{2}$

- Where- $(5)$ - an appeal is lodged against an award made under this $(a)$ section: - (b) a person awarded compensation under this section refuses to accept payment; or - any other circumstances arises which renders it $(c)$ inexpedient, difficult or impossible to make payment in accordance with the award.

The High Court, on the application of the Attorney General, may order payment to be made into Court on such conditions as it thinks appropriate".

[14] The above provisions of the **Land Acquisition Act** are in line with the provisions of Art. 26 of the Constitution of the Republic of Uganda. As observed by Christopher Madrama, J. A (as he then was) in A. G. vs Etot Paul Peter & Ors C. A. C. A. No. 144/2018,

"Article 26 of the Constitution allows the compulsory acquisition of property by government for public use or in the interest of defence, public safety, public order, public marketing or public health. It further provides that the compulsory taking of possession or acquisition of property should be made under a law which makes provision for prompt payment of fair and adequate compensation prior to the taking of possession or acquisition of the property and it guarantees the right of access to a Court of law by any person who has an interest or right over the property...... Article 26 of the Constitution envisages a dispute after the compulsory acquisition of the property and gives right of access to a Court of law to any agarieved persons".

$\mathcal{L}_{\mathbb{R}} = \mathcal{L} \oplus \mathcal{L}^{\otimes 2} \oplus \mathcal{L}^{\otimes 2}$

$\frac{a}{2}$

$\varphi = -\chi$

$\overline{22}$ $\overline{23}$ $\overline{33}$

$\frac{|\mathbf{r}|}{\mathbf{m}}$

$\overline{W}$ $\approx$ $\overline{W}$ $\approx$ $\overline{W}$

$\sim$ $\sim$

$\mathcal{E}^{\text{max}}_{\text{max}}$

$\hat{\mathbf{r}} = \mathbf{r} + \hat{\mathbf{r}}$

$\mathcal{L}^{(2)}$

$\mathfrak{g}^{(m)} \qquad \stackrel{\vee}{\longrightarrow} \qquad \mathfrak{g} \quad \mathfrak{g} \quad \mathfrak{g} \quad \mathfrak{g}$

$\label{eq:1} \mathcal{L} = \frac{1}{\sqrt{2}} \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} = \mathcal{L} =$

$\begin{array}{ccccccccccccccccccccccccccc} \hline 1 & e & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & &$

$\mathbf{R}^{\text{R}} \qquad \qquad \mathbf{R}^{\text{R}} \qquad \mathbf{R}^{\text{R}} \qquad \mathbf{R}^{\text{R}}$

$\alpha$ $\frac{N}{\alpha}$ $\frac{N}{\alpha}$ $\frac{N}{\beta}$ $\frac{N}{\beta}$

$\theta = \theta + \theta = \theta + \theta = \theta$

# [15] As this court observed in A. G. vs Kisembo Rugadya & 41 Ors H. C. M. A. No. 24 of 2023.

"Court is required to apply Article 26 of the Constitution, bearing in mind and in regard to especially when disputes arise and have the potential to cause delays in public works and become an impediment to the public interest and the logical need not to hamper the implementation of the project merely because of the disputes among the Respondents themselves or disputes challenging the assessed award". $\sim$ $\sim$ $\sim$ $\sim$ $\sim$ $\sim$

[16] In this case, the Applicant has demonstrated through the 2 affidavits in support of the application deposed by **Irene Pauline** Bateebe and Gilbert Kermundu that all the legal requirements for the acquisition of the Respondents' land under the Constitution and the Land Acquisition Act have been met. The assessed compensation awards have been made in respect of the Respondents' respective portions of land as per the **copies of the** valuation and survey extracts of the Respondents as contained in the Approved Valuation Reports. The refusal to accept compensation, absence of legal representatives and inability to locate certain Respondents therefore, justify the depositing of the compensation sum in Court to as to legally discharge the Applicant's obligations while enabling the Government to take possession of the land and proceed with the project.

[17] As clearly illustrated by Mr. Gilbert Kermundu, the Chief Government Valuer and the Assessment Officer in this case, Mr. Gilbert Kermundu, it has been established that the land and assets rates for the properties affected by the EACOP project were determined by the relevant appropriate surveyors and the District Land Boards respectively and the appropriate assessed compensation awards have been accordingly made. In the circumstances of this case where some of the PAPs have been satisfied and accepted the compensation, 2 have refused to accept payment on the ground that the compensatory sum is not satisfactory and others are untraceable, this court proceeds $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and $\frac{1}{\sqrt{2}}$ and

$\hat{a}^{(1)} = \hat{a}^{(1)} + \hat{b}^{(2)} = \hat{a}^{(1)} + \hat{b}^{(2)} = \hat{a}^{(2)} + \hat{b}^{(2)} = \hat{a}^{(2)} + \hat{b}^{(2)} = \hat{a}^{(2)} + \hat{b}^{(2)} = \hat{a}^{(2)} + \hat{b}^{(2)} = \hat{a}^{(2)} + \hat{b}^{(2)} = \hat{a}^{(2)} + \hat{b}^{(2)} = \hat{a}^{(2)} + \hat{b}^{(2)} = \hat{a}^{(2)} + \hat{b}^{(2)} = \hat{a}^{(2)} +$

$\bar{z} = \frac{1}{8}$ $\bar{z} = \frac{1}{8}$ $\bar{z} = \frac{1}{8}$ $\bar{z} = \frac{1}{8}$ $\bar{z} = \frac{1}{8}$ $\bar{z} = \frac{1}{8}$

$\begin{smallmatrix}&&&1\\&&&1\\&&&2\end{smallmatrix}$

$\infty$

$\tilde{q} = \frac{1}{\sqrt{2}} \tilde{q}$

$\mathcal{R} = \mathcal{R}_{\text{max}} = \mathcal{R} = \mathcal{R}$

$\overline{\mathbb{R}}$

್ಟಿಕ್ ಸಂಕರ್ ಸಂಸ್ಥಳಾಗಿ ಹಣಕ 👓 🌠 ಹಹಾಸ್ ಕನ್ನಡ ಕ

$\label{eq:1} \vec{S} = \frac{\vec{r}}{2} \vec{q}^2 \qquad \vec{p} = \frac{\vec{r}}{2} \qquad \vec{q} = \frac{\vec{r}}{2} \qquad \vec{q} = \frac{\vec{r}}{2} \qquad \vec{q} = \frac{\vec{r}}{2} \qquad \vec{q} = \frac{\vec{r}}{2} \qquad \vec{q} = \frac{\vec{r}}{2} \qquad \vec{q} = \frac{\vec{r}}{2} \qquad \vec{q} = \frac{\vec{r}}{2} \qquad \vec{q} = \frac{\vec{r}}{2} \qquad \vec{q} = \frac{\vec{r}}{2}$

$\begin{array}{ccc} \propto & \stackrel{\text{B}}{\longrightarrow} & & \\ \sim & & & \langle \langle \theta \rangle \rangle_{\text{B}} & \cdots & \langle \theta \rangle_{\text{B}} \end{array}$

$\omega = \omega_{\bullet} \qquad \omega_{\perp}$

$\frac{1}{2} \left( \frac{1}{2} \right)^2$

under S.6 (5) of the Land Acquisition Act to allow this application for the Applicant to deposit the total compensation sum of Ugx. $160,070,843/$ = in court for later collection of its beneficiaries, the Respondents upon their re-appearance for those who are untraceable and upon securing the relevant legal representative authorities for those who comprise of families of the deceased persons and those who are dissatisfied with the awarded compensation sum or contesting the valuation itself, to institute legal proceedings by way of objection or through any other action to the High Court under S.13 of the Land **Acquisition Act.**

- [18] The application is in the premises accordingly granted with the following orders: - (1) The Applicant to deposit in Court the Respondents' compensation sum of Ugx. 160,070843/= (One hundred sixty million, Seventy thousand and eight hundred and forty-three shillings) for land comprised in the villages of Kabeerya (Kikuube District) and Nyakabungo, Mweruka, Kasambya, Karokarungi, Rwemirama, Kijungu, Wabitaama, Kyerimira, Kalabata and Bunikira East (Kakumiro District) forming part of the land earmarked for the East African · Crude Oil Pipeline project. - (2) The Applicant is discharged from any liability arising out of any claim and/or action following this order. - The Applicant is granted vacant possesion of land decribed $(3)$ above measuring 24.97 acres for purposes of constructing the East African Crude Oil Pipeline and related activities thereon and in default by the Respondents to vacate within one month from the date of this ruling an eviction order accordingly issues.

$\alpha_{\text{max}} = \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2} \sum_{i=1}^{n} \frac{1}{2}$

$e^{2\pi \frac{2}{3}}$ $\tilde{E}_{\mu} = J_{\nu} - \tilde{E}_{-\frac{1}{2}} = \mu_{\mu} \tilde{E}$ $e^{\frac{2\pi}{3}}$ $e^{-2\pi \frac{2\pi}{3}}$ $\tilde{E}_{\mu} e^{-2\pi \frac{2\pi}{3}}$ $e^{-2\pi \frac{2\pi}{3}}$ $e^{-2\pi \frac{2\pi}{3}}$ $e^{-2\pi \frac{2\pi}{3}}$

$\frac{1}{2} = \frac{2}{3} \frac{1}{3} = \frac{2}{3} \frac{1}{3} = \frac{2}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3} = \frac{1}{3$ $\label{eq:1.1} \mathcal{L}^{(1)} = \frac{2\pi^2 \omega^2}{\omega^2} \quad \mathcal{R}^{(1)} = \frac{2\pi^2}{\omega^2} \qquad \mathcal{L}^{(2)} = \frac{2\pi^2 \omega^2}{\omega^2} \qquad \mathcal{L}^{(2)} = \frac{2\pi \omega^2}{\omega^2} \qquad \mathcal{L}^{(3)} = \frac{2\pi \omega^2}{\omega^2} \qquad \mathcal{L}^{(3)} = \frac{2\pi \omega^2}{\omega^2} \qquad \mathcal{L}^{(4)} = \frac{2\pi \omega^2}{\omega^2} \qquad$

$\alpha$ $\longrightarrow$ $\alpha$ $\longrightarrow$ $\gamma$ $\longrightarrow$ $\gamma$ $\longrightarrow$ $\gamma$ $\longrightarrow$ $\overline{\alpha}$ $\longrightarrow$ $\overline{\alpha}$

No order is made as to costs of this application. $(4)$

$\cdot \qquad \qquad \eta^{(2)} \quad \text{w}$

$\mathcal{L} = \mathcal{L}$

[19] Order accordingly. $\frac{1}{2} \left( \frac{1}{2} \right)^2 \left( \frac{1}{2} \right)^2$ Dated at Hoima this 20th day of September, 2024.

. . . . . . . . . . . . . . . . . . . . Byaruhanga Jesse Rugyema JUDGE

$\label{eq:1.1} \hat{a}^{(0)}_{\overline{2}}(x)=-x_1-x_2-\frac{1}{2}x_1^2+x_2-x_3,\qquad \qquad x_1-x_2-\frac{1}{2}x_1^2+x_3$

$\overline{g}$