Makerere University loses court battle over Katanga land

Makerere University has once again failed in its attempt to reclaim land in Kampala's Katanga informal settlement. The Land Division of the High Court in Kampala ruled on June 8, 2026, that the university's latest lawsuit constituted an abuse of court process. Justice Samuel Emokor found that Makerere's 2021 application, which challenged the ownership rights of bibanja holders (occupants with customary rights) on its land in Wandegeya, was strikingly similar to an appeal already filed in the Court of Appeal. This appeal contested a 2000 ruling that, while acknowledging Makerere as the legal owner of the land, recognized the occupancy rights of bibanja holders like Jonathan Masembe and others. Justice Emokor stated that allowing the new case to proceed while an appeal was pending could lead to contradictory court orders and bring the judiciary into disrepute. He suggested the university was attempting to succeed on "two fronts" by pursuing cases in both courts simultaneously. The judge ruled that the current application was res judicata, meaning the matter had already been decided, and an abuse of the court process. The bibanja holders, represented by Walugembe Daniel and Ssekajja, based their claim on the 2000 case that recognized their predecessors as bona fide occupants. Makerere University, however, maintained that its land had no occupants with legitimate rights and that the new applicants were not part of the original 2000 case. Despite the university's arguments, Justice Emokor noted that while plot registration numbers might change, the land itself remains in the same location, allowing for traceability and avoiding uncertainty.

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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.