{UAH} Madhvani wins Amuru land case:ATTENTION AKIM ODONG/FRANK MUJABI

Comrade Akim Odong/ Frank Mujabi,

Here is this disturbing judgement by my former Law School mate Masalu
Musene. I think it is an appalling judgement, because Masalu, by this
judgement, is now transferring owneship of all land, previously
communally held under cutomary law and practices, to the ownership of
the District Land Board, an unelected body whose members are
appointed by the NRA regime. They should take the case to appeal,
although the Appeal Court is even worse than the High Court as most of
its members are cadre judges.

George Okello


Thursday, September 17, 2015

Madhvani wins Amuru land case

By Cornes Lubangakene
The High Court in Gulu on Friday dismissed a case in which three
former Acholi MPs and two elders were challenging the allocation of
land by Amuru district to the Madhvani Group of Companies.
Court presided over by Gulu resident judge Wilson Musalu Musene also
dismissed similar cases against Maj. Gen. Julius Oketa and the former
Amuru deputy chief administrative officer, Christine Atimango.
The court also lifted the temporary injunction put on the use of the
land. The injunction followed a case filed by former MPs Concy Aciro
(Woman Amuru district), Michael Ocula (Kilak) and David Ocheng Penytoo
of Gulu municipality.
The trio had jointly filed the case with two elders; Zacheos Uma and
Jack Obalim, in 2008. They had asked court to restrain Amuru Sugar
Works, a project by Madhvani, from being established on the land.
The five dragged Amuru district land board to court for allocating
10,000 hectares to Madhvani, 5,000 hectares to Atimango and 1,070
hectares to Oketa.
The plaintiffs said the land was under customary ownership. However,
Justice Musene ruled that the five applicants failed to prove that the
land was under customary ownership.
Instead, the court said it was public land owned by Amuru district land board.
"In view of the clear and transparent process followed by Amuru
district land board and in pursuance to its mandate under the
Constitution and Land Act, this court finds and holds that the
allocation not only to the respondents, but even to other persons who
have not been sued in this court, did not infringe on the applicants'
rights," Musene ruled.
He dismissed the case with no costs to both parties, saying in the
spirit of reconciliation each party should meet its own court costs.
Musene lauded Amuru district land board for considering affirmative
policy and for being development-oriented, saying what it had done
cannot be faulted.
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