Makerere University again loses bid to reclaim Katanga Land

Makerere University has again lost a bid to reclaim land in Kampala's Katanga informal settlement, facing a ruling that its legal action constituted an abuse of court process. The Land Division of the High Court in Kampala found that the university filed a new suit while an appeal on the same matter was already before the Court of Appeal.

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In my view, it would cause an absurdity for this court to reach one finding regarding the status of the Applicants on the suit property and the Court of Appeal reaches a different position regarding their predecessors.

Justice Samuel Emokor stated that Makerere's 2021 application challenging the ownership of bibanja holders on the Wandegeya land was strikingly similar to its appeal against a 2000 ruling. That earlier decision recognized the legal occupancy of bibanja holders on the land, even though the university held legal ownership.

"In my view, it would cause an absurdity for this court to reach one finding regarding the status of the Applicants on the suit property and the Court of Appeal reaches a different position regarding their predecessors," Justice Emokor ruled. He added that the court must avoid scenarios that could lead to contradictory orders, which would bring the judiciary into disrepute. The judge concluded that the university appeared to be pursuing claims in two different courts simultaneously, hoping to succeed in at least one.

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This Court is bound to avoid scenarios such as this that may lead to contradictory orders being issued.

The university had argued that the new applicants were not part of the original 2000 case. However, Justice Emokor noted that while the applicants might differ, the contention was over the same piece of land. He acknowledged that land title registration numbers can change over time due to mutations or cancellations, ruling that the instant application succeeds, declaring the 2021 lawsuit res judicata and an abuse of court process.

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The respondent, 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.