Court orders KCCA to approve development plans on Katanga land

Court has ordered Kampala Capital City Authority (KCCA) to process on merit a development permit to Pastor Daniel Walugembe for his equitable interest on land in Katanga Valley, Wandegeya in Kampala.

High Court Judge Emmanuel Baguma ruled that the decision of KCCA refusing to issue the pastor with a development permit for his equitable interest was unreasonable, irrational and a violation of the principles of natural justice.

“The respondent (KCCA) is duty bound to review and determine on merit the applicant’s application for a development permit for his equitable interest,” held Justice Baguma before ordering the city authorities to pay legal costs incurred by Pastor Walugembe while prosecuting the case.

In 2021, Pastor Walugembe petitioned the court after KCCA declined to grant him the development permit for his equitable interest (Kibanja) at Katanga Valley near Wandegeya.

Court heard that the Physical Planning Committee declined to grant Pastor Walugembe the permit on ground that the land he wanted to develop is subject of an appeal in the Court of Appeal.

Through his lawyers of Mwesigwa Rukutana and Company Advocates, Pastor Walugembe said the refusal to consider the applicant’s application for development permission due to the pending appeal is so unreasonable and should be quashed.

According to court records, Pastor Walugembe’s predecessors obtained judgment in their favour vide Civil Suit No. 857 of 2000, which has never been overturned or stayed by a competent court.

Court heard that the alleged appeal by Makerere University was filed close to seven years ago and unprosecuted to date cannot be used as a basis to deny a beneficiary of a valid judgment to be issued with development permit.

Previous ruling

In 2015, the High Court ruled that the bibanja occupants on Katanga land are bonafide occupants but Makerere University was dissatisfied with the judgment and orders of the court and has since appealed to the Court of Appeal which appeal remains unheard to date and no orders for stay of execution have ever been issued.

Pastor Walugembe is the bonafide occupant with an equitable interest in Kibanja measuring approximately 28.75 acres on land comprised in located in Katanga valley Wandegeya, Kawempe division having purchased the same from Bulasio Buyise, Jonathan Masembe, G Kalimu, Samali Namboga and others.

In his sworn statement before the court, Pastor Walugembe successfully argued that the KCCA’s refusal to entertain his application was a breach of its statutory duty because the said appeal does not operate as a stay of execution or be used to defeat enjoyment of a person’s existing rights and interests conferred by law.

“I have been subjected to grave inconvenience and expense like cost of drawing plans, inspection and approval fees, instruction to advocates to pursue the matter at KCCA and the opportunity cost of failure to utilise my land and develop it for commercial purpose,” reads the court document.