KAUTAKOU RESIDENTS SUE UGANDA INVESTMENT AUTHORITY TO REPOSSESS THEIR ANCESTRAL LAND IN NAPAK DISTRICT
ANARDE has yet again supported legal action to protect the rights of land owners and occupiers in Karamoja region. Through its lawyers, Frank Tumusiime & Co. Advocates, ANARDE supported the filing of a case, Naate Betty & 3 Others Vs Peter Amodoi Ayopo & Uganda Investment Authority Civil Suit No. 15 of 2020 (Soroti High Court).
Support for this case is part of the project/program of Promoting Sustainable Development Goals by Strengthening Access to Justice in Uganda 2017-2021 with backing from The Belgian Development Cooperation (DGD). With the objective of promoting inclusive development through legal empowerment of communities to protect people’s rights and conflict management, the project is aimed at tackling the power imbalances between the Government, business companies/operators/developers and the communities.
Brief background to the case is as follows.
That from 1971-1979, during Idi Amin’s reign, there was untold instability in the North Eastern and Eastern region. This was worsened by the Obote II regime of 1980-1986 that was marred with insurgencies in the region. Pursuant to this, the plaintiffs and 762 other people that are represented in the suit or their parents or grandparents temporarily vacated the suit land, in Ngolereit Sub-county for their own safety and survival. Subsequently, the government of Uganda begun disarmament in Karamoja region improving the peace and stability in the area. This allowed for the residents of Kautakou village, Ngolereit Sub-county to return home around 2011.
The people were unfortunate to find their land cordoned off and were denied entry or risk arrest and death for trespass. The land is home to various houses and burial grounds of the plaintiffs and their ancestors. At this point, the entire suit land belonged to the 1st Defendant, a one Peter Amodio Ayopo who later sold it to Uganda Investment Authority without considering the interests of the plaintiffs.
ANARDE through its lawyers instituted a civil suit against Peter Amodoi and the Uganda Investment Authority for violation of rights of the people affected and for compensation of the same. The people, now homeless and landless and have been forced to set up make-shift homes, Manyatas, away from their ancestral land.
The plaintiffs are suing for declarations that their rights have been violated, cancellation of title of Uganda Investment Authority on the suit land, vacant possession of the land, general damages, punitive damages, aggravated damages, disturbance allowance, and interest at Court rate and costs of the suit.
Without the land, the plaintiffs and the other 762 affected people have no home or decent shelter to stay in given that they are facing hostility from the communities that harboured them such as dwellers from Lotikokin, Alekilek, Natari and Micoko villages. The alienation further affects the right to food of the people since they lack the land to till and to produce food worsening the already high food insecurity in the Karamoja sub-region, the right to livelihood which stems from their ability to farm the said land or rare their animals all feeding into the violation of their right to life. The actions of the defendants further are inhumane and degrading given that given that the people are locked out of their homeland and are made to be squatters and beggars on alien land.
Ultimately, the right of the plaintiffs to own property and the protection from deprivation of property under Article 26 is gravely affected by the defendants since their land was dishonestly taken away from them without prior and adequate compensation or without recourse to a Court of law. Land was held by the plaintiffs under customary land tenure which is recognised under Article 237 (3)(a) of the 1995 Constitution as well as Section 3 of the Land Act, Chapter 227.
Away from the human rights considerations, the case points out aspects of fraud on the part of the defendants particularly the 1st Defendant who acquired legal title without catering or declaring the equitable interests of the plaintiffs. The plaintiffs intend to pray for nullification of the said certificate of title on grounds of fraud as per Sections 63, 64 and 77 of the Registration of Tittles Act Cap 230 noting that there was reasonable notice of former existence of occupants on the land.
This case is timely given the continued land grabbing and unlawful land evictions that have been perpetuated over land held under customary and more so by the indigent and illiterate in society with particular emphasis on the Karamoja region. It will provide the much-needed jurisprudence to prevent fraudulent transfer of land for the benefit of the public.
It comes against the backdrop of various failed attempts to arrive at an amicable solution with the defendants and the need to acquire an appropriate remedy for the people of Kautakou community including damages and compensation aside from mere declarations. The matter was filed on 21st September, 2020 and ANARDE awaits the written statements of defense from the defendants to commence legal proceedings.
