Monday, 2 November 2015

Court Issues New Order On Land

It is now a crime for the government to acquire citizens' property before they are compensated, the Supreme Court has ruled. Court yesterday outlawed government's compulsory acquisition of private land before compensating owners.
This followed a decision by the Supreme Court dismissing an appeal in which the Uganda National Roads Authority (UNRA) challenged a decision that trims government powers of acquiring citizens' land prior to payment of compensation.
A decision by the Highest Appellate Court yesterday upheld a judgment of the Constitutional Court that declared Section 7(1) of the Land Acquisition Act as unconstitutional and in contravention of Article 26 of the Constitution.
The court nullified the section giving government powers to take possession of citizens' land before compensation citing violation of the right to property.But UNRA had in the appeal faulted the judges in the lower court for determining a matter which did not require constitutional interpretation without evaluating submissions presented by the parties.
Not convinced
In a unanimous decision read by Justice Christine Kitumba, the court ruled that the arguments by UNRA were not persuading. Read more

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