High Court Dismisses Makerere University's Katanga Land Case, Cites Abuse of Process

The High Court has struck out a case filed by Makerere University seeking to evict Pastor Daniel Walugembe and others from land in Katanga Valley. Justice Samuel Emokor ruled that the university was improperly pursuing parallel litigation after the issues had already been substantially determined in an earlier case and were pending before the Court of Appeal.

“The respondent (Makerere University), in my considered opinion, appears to be fishing on two fronts; before the Court of Appeal and before this court with the hope of succeeding in at least one of them,” stated Justice Emokor in his ruling. The judge noted that any victory for the university in either court would lead to the same outcome, creating an absurd situation.

The dismissal came after Pastor Walugembe and Mr. Abdu Ssekajja applied to have the university’s 2021 suit thrown out, arguing it was an abuse of court process. Their legal team argued that the matters raised in the new case had already been decided by the High Court in 2015 and were part of an ongoing appeal.

Justice Emokor agreed, finding that Makerere University had failed to prove that the land in the current case was different from the property involved in previous proceedings. The university had claimed that approximately 5.13 acres in Katanga Valley were illegally developed by the respondents, while asserting ownership over a larger area. The ruling leaves the university’s appeal at the Court of Appeal as its main recourse.

https://www.monitor.co.ug/uganda/news/national/makerere-university-s-katanga-land-court-case-thrown-out-with-costs-5488524