Court orders district to pay Shs300m for encroaching on land
Locals inspect the logs of trees which were destroyed and set on fire by officers attached to Serere local government on the disputed piece of land in 2017. PHOTO | COURTESY
What you need to know:
- Justice Henry Peter Adonyo on Wednesday ruled that the district encroached on the land belonging to Mr Moses Omiat, a resident of Kamod Parish in Kasilo Sub-county, Serere, where they established a cattle market.
The High Court in Soroti has ordered Serere District local government to pay Shs320m to a resident as compensation for encroaching on his land.
Justice Henry Peter Adonyo on Wednesday ruled that the district encroached on the land belonging to Mr Moses Omiat, a resident of Kamod Parish in Kasilo Sub-county, Serere, where they established a cattle market.
The market is operational every Tuesday of the week.
Justice Adonyo ruled that the district local government and four others identified as Mr Stephen Ejangu, Mr Soustine Olinga, and two others, who encroached on Mr Omiat’s land, shall pay Shs200m as fine for encroachment, Shs70m as compensation for the destroyed trees and Shs50m as exemplary damages.
The plaintiff was jointly represented by M/s Ladwar, Oneka & Co Advocates of Gulu, M/s Ojok Advocates of Kampala and M/s Byamugisha, Lubega, Ochieng & Co Advocates of Kampala while the 1st defendant was represented by The Attorney General's Chambers, Mbale Regional Office, Mbale, the 2nd, the 3rd, the 4th and the 5th defendants were represented jointly by M/s Ogire & Co Advocates of Soroti and M/s Tungwako, Atwooki & Co Advocates of Kampala.
The ruling ends a protracted court battle that has lasted nearly six years.
This matter arose in 2016 when Mr Omiat as the administrator of the estate of the late Amollo George, sued 11 people for trespass on their ancestral chunk of land.
Mr Omiat was protesting circumstances under which the district local government relocated the cattle market that initially used to operate at Kamod Trading Centre into his piece of land.
The land in question is 150 acres, which Mr Omiat said he inherited from his late father George William Amolo.
Mr Julius Ojok, the plaintiff’s lawyer, hailed the court for delivering what he described as justice.
“This case has gone through thorough prosecution processes in different court sessions presided over by four justices; David Batema, Musalu Musene, Henrietta Wolayo and Henry Peter Adonyo that all did an excellent job to deliver justice,” Mr Ojok said.
Attempts to get a comment from the defendant’s lawyer, Mr Gabriel Ogire, were futile as he could not respond to journalists’ questions by press time.
