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Court orders businessman Kalungi off Uganda Railways' land

The Land Division of the High Court has issued a temporary injunction halting the construction of this commercial building on Nasser Road in Kampala (pictured) reportedly owned by city tycoon, Moses Kalungi, following a suit filed by Uganda Railways Corporation. PHOTO | PHILIP WAFULA

What you need to know:

  • According to court documents, the land in contention comprises FRV 440 FOLIO 29 Plot 45-51 Nasser Road in Kampala measuring approximately 0.51 acres.

The Land Division of the High Court has issued a temporary injunction halting the construction of a commercial building reportedly owned by city tycoon, Moses Kalungi, on land contested with Uganda Railways Corporation (URC).

According to court documents, the land in contention comprises FRV 440 FOLIO 29 Plot 45-51 Nasser Road in Kampala measuring approximately 0.51 acres.

The injunction, issued on May 13 by the registrar of the same court, follows a suit filed against KJ Company Limited, a Kalungi proxy, by URC after determining through boundary opening that the businessman had encroached into its land by 18.962 square metres.

“. . . It is hereby ordered that a temporary injunction doth issues restraining the respondent, her servants, employees, assignees, agents and or successors in title from further alienating, transferring, wasting, constructing, excavating, selling, and or entering into any part of the suit land and carrying on activities whatsoever on the suit land until the disposal of the final suit pending before this Honourable Court.”

Background

Last December, Kalungi commenced excavation of the land in preparation for the construction of a commercial building.

Upon realising that their land had been encroached on, URC brought the matter to him and unsuccessfully advised that boundary opening be undertaken before further construction. Five floors have since been constructed.

URC has endured illegal encroachment on its land, with reports suggesting that over 20,000 unauthorised settlers on its land are scheduled for compensation along the Kampala-Malaba-Kyengera-Port Bell railway reserve to pave way for railways development programmes.

Works at the site have since stopped, while workers have been replaced with Uganda Railways Police Officers to ensure that the court ruling is not violated.

John Linnon Sengendo, the URC's  Head of Public Relations and Communications, described the latest ruling as ‘a step in the right direction’. “Over the years, URC land meant for railway operations and development has been heavily encroached upon,” he said on Friday.
 
He added: “This (ruling) rejuvenates our efforts to protect assets that have been entrusted to us, and also serves as a warning to all illegal users of URC land that we are coming for you wherever you are.”



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