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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Maj. Gen. Kyaligonza sued over land

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A company has dragged Maj. Gen. Matayo Kyaligonza to the High Court, accusing him of trespassing on its land.

Kayokamu Engineering Limited sued Kyaligonza alongside the Departed Asians Property Custodian Board (DAPCB) and the commissioner for land registration.

The company says it is the registered proprietor of the land comprised in Kibuga Block 208, Plot 1484, situated at Bwaise-Kawempe in Kampala, measuring approximately 0.28ha. The land is valued at sh400m.

On Tuesday, the company filed the suit in the Land Divison of the High Court in Kampala, seeking an order restraining the defendants from any sale transaction or any dealing on the land.

Court documents indicate that the company acquired the land from Charles Kayondo, one of its directors, who purchased it from Badru Kakungulu. The company says the certificate of title was registered in its name 1981. The company says upon acquisition of the land, it embarked on developing it. However, due to political instability at the time, their business was rendered inoperative and its directors were forced off the land.

“After the National Resistance Army liberation war, Kyaligonza, in 1987, without any claim of right or consent from the company, illegally started utilising it, claiming it was allocated to him by DAPCB,” read the court documents.

The company contends that when the war ended and peace returned in 1987, its directors endeavored to reclaim the property through their lawyers, but Kyaligonza and DAPCB turned down their request on several occasions.

According to court documents, in 1990, Kyaligonza was summoned by the area local authorities to have the matter settled amicably, but he defied their orders.

Subsequently, in 1990, Kyaligonza left the land and the company took possession, embarked on construction works and placed building materials on the site.

The company, however, says DAPCB put a caveat on the land, claiming to have a lease interest, which interest, according to the plaintiff, has long expired.

Kyaligonza returns on land

The company says in 2000, Kyaligonza forcefully returned on the land and deployed military Police, who removed and destroyed its building materials, causing it general damages.

Court documents indicate that in 2009, the company, through its lawyers, filed a suit against the defendants, which was dismissed over failure to serve summons to the defendants. The plaintiff asserts that the defendants’ illegal occupation of the property has deprived them from using the property.

“Kyaligonza and DAPCB have continued to deprive the plaintiff’s use and quit possession of its property despite the second defendant confirming that the mailo interest belongs to the company since they are the registered proprietors to the property,” read the court documents.

The plaintiff wants an order vacating the caveat lodged by DAPCB and eviction order be issued. It also wants a declaration that Kyaligonza is a trespasser on the property.

The court registrar has ordered the defendants to file their defence within 15 days.

**New Vision

DEFENDING LAND AND ENVIRONMENTAL RIGHTS

A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison.

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By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand on charges of common nuisance has failed to take off today.

Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark, who were arrested in early this month (November) for their determined protest against the East African Crude Oil Pipeline (EACOP) in Kampala, Uganda’s capital.

They were marching to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the East African Crude Oil Pipeline (EACOP) project, including the continued gross human rights violations/abuses, the significant threat it poses to the environment, and the criminalization of the mega project’s critics.

The EACOP project will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has been criticized for delayed compensation for affected persons and secretive agreements.

However, the two accused, Wafula Simon and Kalyango Shafik, did not attend court. The prosecution informed the court that the duo was sick, suffering from red eyes, and currently being kept in an isolation room in the prison hospital. The absence of the two caused a setback to the defense lawyers’ bail application attempt.

On November 11, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that if convicted, anyone charged with common nuisance is liable to one-year imprisonment.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

Grade One magistrate Sanula Nambozo adjourned the case until December 9, 2024, when the defense team is expected to present a bail application for the 15 activists.

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison.

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By Witness Radio team.

A group of 15 anti-EACOP protesters from Kyambogo and Makerere University Business School (Mubs) Universities was arrested on Monday, 11th, for protesting against the East African Crude Oil Pipeline (EACOP) project. They have been arraigned before Buganda Road Chief Magistrates Court and charged with common nuisance.

Fourteen of them were students from Kyambogo University including Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark from Makerere University Business School (MUBS). Grade one magistrate Sanula Nambozo remanded them.

Section 160 (1) of the Penal Code Act states that any person charged with common nuisance, once convicted, is liable to imprisonment for one year.

Police arrested them while marching toward Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the East African Crude Oil Pipeline (EACOP) project, including the gross human rights abuses and the significant threat it poses to the environment.

This case is part of ongoing protests against the $3.5 billion EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has faced criticism over delayed compensations for affected persons and secretive agreements. Despite a European Union resolution against the pipeline, President Yoweri Museveni has insisted it will proceed as planned.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The 15 activists have been remanded to Luzira Prison until November 26, when their lawyers could apply for bail.

 

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament

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By Witness Radio team

Kampala, Uganda – A group of 15 anti-EACOP protesters from Kyambogo University have been arrested in Kampala, Uganda’s capital by police while marching toward the Ugandan Parliament, Witness Radio has learned.

The activists, dressed in orange T-shirts bearing the slogan “No to Oil” and chanting “Stop EACOP,” were arrested by Police at Parliamentary Avenue at approximately 10 a.m. EAT this morning. They wanted to meet the Speaker of Parliament to raise concerns about the East African Crude Oil Pipeline (EACOP) project.

The protesters claim that the EACOP project has led to severe human rights abuses and poses a significant threat to the environment.

Their arrest comes just hours after the start of COP29 in Baku, Azerbaijan. The 29th Conference of the Parties (COP29), hosted by the Government of Azerbaijan, officially begins today, Monday, 11 November, and runs through Friday, 22 November 2024. It aims to build on previous achievements and set a foundation for future climate ambitions to address the global climate crisis.

Uganda, represented at COP29, hopes to use this opportunity to obtain funds for projects related to resilience and adaptation. However, campaigners contend that rather than speaking for Ugandans negatively impacted by climate change, the delegates will emphasize securing financing for environmentally damaging initiatives like EACOP.

Activists are being detained at the Central Police Station in Kampala.

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