RUKIGA: BUSINESSMAN DEFEATS MUHANGA TOWN COUNCIL IN COURT OVER LAND

By Ambrose Kweronda

In Kabale—–

A businessman in Muhanga Town Council Rukiga District has won a case in which Muhanga town council had claimed ownership of his land.

Charles Byarugaba a businessman in Muhanga town Sued Muhanga Town Council in the Kabale Chief magistrates Court where he filed a civil 24 of 2020 through his lawyers of M/S Onyango and company advocates accusing the town council leadership led by the town clerk and town mayor of blocking him from using his land along the Muhanga-Kisizi Road in Muhanga town council saying that it was in road reserve.

Byarugaba through his lawyer Sunday Duncan of M/S Onyango sued Muhanga town council for permanent injunction restraining the defendants, its agent and workmen from evicting harassing, intimidating or any other way interrupting the plaintiff use enjoyment of the suit land declaration of the suit land and the property of the plaintiff.

It’s alleged that Byarugaba on April 19th 1972 bought the land in question from one William Bihaiga around the year 1997 the south western towns water and sanitation reached an understating with Byarugaba to temporarily use the land between 1997 to 2016 when they ceased or stopped from operating from the land.

But when Byarugaba heaped building materials like sand and stones on the land to commence construction Muhanga town council leadership stopped him alleging ownership of the suit land and later that the land is a road reserve.

On the other hand Muhanga town council contends that the Ministry of Water and Environment, Directorate of Water Development facility South Western branch (WSDF-SW) in Muhanga town council sometime back in 1997 acquired the land and constructed a water supply and sanitation there on in order to ensure that the town population accesses safe water and enjoys improved sanitation system was comprised of an eco san pubic toilet and an office. WSDF-SW then occupied the office and operated the facility until 2015 that is for 17 years when they handed over to Muhanga town council to run it for the benefit of the entire Muhanga town council populace that during the handover WSDF-SW did not inform Muhanga town council of the land ownership that Byarugaba has over the suit land.

It was after the handover Byarugaba managed the facility undisturbed for the time it was handed over to him on November 29th 2015 that in the year 2019 Muhanga town council decided to improve the facility from an eco san toilet to water borne toilet that is more suitable to public use

The trial Magistrate Rachael Tabaruka the Grade I Magistrate in her judgment says that Byarugaba having proved of probabilities that the facility was constructed partly ( the biggest part of the facility) on his land with his authority when he allowed WSDF-WS to use temporary and vacate after acquiring their own land and it is not contention that WSDF –WS indeed shifted to another place

“Now that Muhanga town council is controlling the possession of the facility unlawfully Muhanga town council must vacate the suit land emphasis is I relation to the piece of land where the facility is situated but not the facility itself, a permanent injunction is hereby issued restraining defendants her agents and workmen from interrupting with the plaintiff use if the suit land “, reads part of the judgment.

Her Worship Tabaruka then awarded general damages of Ugx 10m due to inconvenience caused by Muhanga town council and Ugx 4m as damage for stopping him from using his land.