Court rejects plea to halt eviction for Tilenga oil project
Aggrieved landowners march to the Hoima High Court to deliver their petition against the court ruling on April 15, 2024. PHOTO | BILL OKETCH
What you need to know:
- In their application, the nine people claimed they were on the verge of eviction from their respective land in Hoima District which is about 59.674 acres.
The Hoima High Court has rejected a plea by nine individuals seeking to halt their eviction from land earmarked for the Tilenga oil and gas project in Uganda's Hoima district.
Mr Mugisha Mulimba led the application on behalf of the affected residents. However, presiding Ag. Assistant Registrar, Emmanuel Bamwiite, ruled that compensation had already been awarded for the land.
“It should as well be noted that since the applicants were compensated, they cannot seek to stay the process of enforcing orders in High Court Miscellaneous Cause No. 24 of 2023 - Attorney General versus Kisembo Rugadya and 41 others on grounds that the same was inadequate it is not challenged in any courts of law. Thus this ground fails,” ruled registrar Bamwiite on Wednesday.
“Therefore, 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 by the Applicant even after having been notified of the compensation as assessed by the Chief Government valuer as the value of their land and the residential house are at a great ordeal not only likely to constrain the Respondent's activities but also stall and or delay the implementation of the Tilenga Project to the detriment of the Government and the International Oil Companies undertaking oil and gas activities on behalf of the Government of Uganda,” he added.
In their application, the nine people claimed they were on the verge of eviction from their respective land in Hoima District which is about 59.674 acres.
The court decision hinged on the argument presented by Mr Padde Semu, a senior geologist/reservoir in the Ministry of Energy's Petroleum Department. Mr Semu argued that the individuals were among "Project Affected Persons" (PAPs) whose land was legally acquired by the government for the project.
He further explained 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 (government) and delayed the implementation of the Tilenga Project to the detriment of the respondent (government) and the International Oil Companies undertaking oil and gas activities on behalf of the Government of Uganda,” Mr 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 (Shs945 million) and evict any PAPs refusing to vacate the 59.674-acre plot.
The December 8, 2023, court order granted the government's request, allowing them to deposit the compensation, gain vacant possession of the land, and proceed with evictions if necessary.
Mr Semu emphasised 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.
