Court makes more orders in Serere land case
Locals inspect the logs of trees which were destroyed and set on fire by officers attached to Serere local government on the disputed piece of land in 2017. PHOTOS/FILE
What you need to know:
- Mr Omiat claims despite the orders, there is persistent cutting of his trees and also assault on his people who stay on the land.
The High Court in Soroti has made additional orders in a controversial case involving Serere District Local Government and four others against a human rights defender, Mr Moses Omiat.
Core to the additional orders made by presiding judge Henry Peter Adonyo on April 15 is the call for eviction of Serere District Local Government from the contested 150 acres of land situated in Kasilo Village, Kamod Parish, Bugondo Sub-county, and handed over to Mr Omiat.
The court has since declared Mr Omiat the rightful customary owner of the said land
“There is hereby issued an eviction order against all the defendants from the suit land comprising over 150 acres of land,” ruled Justice Adonyo, whose additional orders were read out by deputy registrar Hussein Ntalo Nasulu.
Adding: “The applicant (Mr Omiat) is hereby directed to extract a fresh decree which reflects the above orders which convey the intention of this honorable court in its judgment HCCS No. 10 of 2016 Omiat Moses Vs Serere District Local Government and four others.”
The additional orders were obligatory because the initial orders issued earlier in July 2022 didn’t have the element of eviction of Serere District Local government from the land.
The ownership of the land had been in contention since 2016 when Mr Omiat ran to court claiming its ownership as the administrator of the estate for his late father George William Amolo.
After a protracted legal battle that spanned over six years, Justice Adonyo ruled that Mr Omiat was the rightful customary owner.
Justice Adonyo in his fresh orders ordered Serere District and four others; Atingu Joseph, Ejangu Stephen, Okoja Sostine, and Olinga Calvin to jointly pay Mr Omiat Shs200m as compensation to Mr Omiat for having encroached on his land.
Serere District has been ordered to pay Shs70m to Mr Omiat as compensation for the commercial value of trees cut down and converted to their use.
Mr Omiat has also been awarded Shs50m as exemplary damages to be paid by Serere District and the four.
The court has also permanently restrained Serere District and its agents from trespassing on Mr Omiat’s land.
However, Mr Omiat claims despite the orders, there is persistent cutting of his trees and also assault on his people who stay on the land.
