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Why DRC lost land case against Uganda
Justice Catherine Bamugemereire, who wrote the April 27 lead judgment. PHOTO/ RACHEL MABALA
What you need to know:
Kinshasa had accused Kampala of breaching its duty to protect its property from being auctioned by private individuals for non-payment of rent.
The Democratic Republic of Congo (DRC) has failed to recover three of its prime embassy properties it claims were grabbed in Uganda following unsuccessful court litigation.
DRC had in its 2018 petition sought to recover its land comprising Plot 14 on Mbuya Road, Plot 12 on Salmon Rise at Bugolobi in Kampala and another on Plot 7B Acacia Avenue in Kololo.
Kinshasa had accused Kampala of breaching its duty to protect its premises, including its private residences in Uganda and other properties, which it argued, were immune from attachment over any debt.
But a panel of five justices of the Constitutional Court in a unanimous judgment ruled that DRC had lodged the case before a wrong court.
The justices held that the core mandate of the Constitutional Court is to interpret the Constitution and that there was nothing constitutional in the case, which required their interpretation.
“I find that what the petitioner (DRC) seeks from this court is not interpretation of any provision of the Constitution, rather, it seeks redress under Article 50. It is gratifying that the petitioner has faith in our courts and is ardent to have earlier orders of the High Court enforced by the return of its property, payment of compensation, general damages, interests on damages, which redress, in my considered view, can be lawfully enforced through courts of competent jurisdiction,” ruled Justice Catherine Bamugemereire, who wrote the April lead judgment.
She added: “In conclusion, I find, therefore that this court has no jurisdiction to entertain this petition as it raises no issues for constitutional interpretation. Each party shall bear its own costs.”
The other justices were Richard Buteera, Kenneth Kakuru, Christopher Madrama, and Irene Mulyagonja.
The petition had arisen out of two High Court decisions.
Court documents show that on July 31, 1992, the consular officer of the then Zaire government stationed in Kasese Town, Mr Libatu la Mbonga, entered into a tenancy agreement with Mr Emmanuel Bitwiromunda to rent his premises at Plot 37 Kijongo Road at a monthly fee of $1,000 (about Shs3.6m) for a period of one year.
Mr Libatu defaulted on the rent, ending up with an unpaid bill of $11,000 (about Shs40m), which prompted Mr Bitwiromunda to file a suit in Kampala against the embassy of Zaire (now DR Congo).
The embassy of Zaire did not appear to defend the petition, leading to court to rule against it.
Being the successful litigant, Mr Bitwiromunda acquired court permission and attached property of the embassy of DRC in Uganda on Plot 7B Acacia Avenue in Kampala.
It is further alleged that on November 19, 1991, the same consular officer, Mr Libatu, rented other premises of Mr John Katuramu situated at Kilembe in Kasese for a period of five years at a monthly rent of $2,500 (about Shs9m).
Mr Libatu once again defaulted on the rent, leading to the accumulation of $273,488 (about Shs980m).
Mr Katuramu compounded the interest to $131,738 (about Shs482m) and filed a summary suit in the High Court. The embassy never appeared in court to defend itself and again a one-sided judgment was also determined against it.
Mr Katuramu promptly applied for execution and attached two properties of the embassy of the DRC comprising Plot 14 Mbuya Road and Plot 12 Salmon Rise at Bugolobi in Kampala.
He successfully sold the two properties but realised only a quarter of the money.
Background
This comes as government has assembled a team of 19 local and international experts in the proceedings on reparations in the case before the International Court of Justice (ICJ) concerning Uganda’s armed activities in neighbouring DR Congo between August 1997 and June 2003.
