Makerere University Loses Katanga Land Eviction Case, Ruling Deemed Abuse of Process

A High Court ruling has thrown out a case filed by Makerere University aimed at evicting city pastor Daniel Walugembe from land in Katanga Valley. Justice Samuel Emokor of the Land Division ruled on June 4 that the university was engaging in parallel litigation, attempting to pursue a new case while an appeal on similar matters was already before the Court of Appeal.

Justice Emokor found that the issues raised in the university’s 2021 suit had substantially been addressed in an earlier case, making the current proceedings an abuse of the court process. The judge noted that the university seemed to be “fishing on two fronts” hoping for success in either the Court of Appeal or the High Court.

This decision followed an application by Pastor Walugembe and Mr. Abdu Ssekajja, who argued that the 2021 case was an improper duplication of legal battles. Their lawyers contended that the matters at the heart of the university’s claim had already been decided by the High Court in 2015 and were subsequently taken to the Court of Appeal.

Makerere University had sought declarations that no “kibanja” (land tenancy) interest existed on approximately 5.13 acres and that Pastor Walugembe and others had trespassed. However, the court found no credible evidence to suggest the land in the current case differed from that litigated in prior proceedings, specifically Case No. 857 of 2000.

The long-running dispute over Katanga land dates back to a 2015 High Court decision that recognized occupants, including family members and their licensees like Pastor Walugembe, as bona fide occupants entitled to remain on the land under the Land Act. While Makerere University was affirmed as the registered proprietor, the occupants’ rights to possession were upheld.

The university’s ongoing appeal before the Court of Appeal remains its primary avenue to challenge the 2015 ruling. This latest dismissal means the evicted case cannot be used as a basis for eviction.