Robert Kilama, a resident of Karuma Village in Mutunda Sub County, Kiryandongo district who alleges the government forcefully evicted him from his 60 acres piece of land has sued the attorney General and is demanding Shs 4 Billion in compensation.
The land in question situated at Karuma and Awoo villages in Kiryadongo district is being occupied by Sinohydro Corporation, the lead contractor for the Shs 4.8 trillion 600 MW Karuma Hydro Power dam.
The Karuma Hydro power dam is among other expected to improve electricity supply in northern Uganda.
In a June 30 suit filed at Masindi High Court, the plaintiff accuses the Ministry of Energy and Mineral Development for unlawfully taking his land, destroying his assets, rendering him homeless and destroying sources of his livelihood.
Through his lawyer Jude Ogik, of Ogik and Co advocates, the plaintiff is demanding a temporary injunction against the Government from processing a certificate of title to the land or continuing to carry out any development until compensation is handled.
‘‘Our next instructions from the client is to seek for a temporary injunction stopping Government from further dealing with this land until the compensation is dealt with or until the suit is disposed off,’’ said Pastor Kilama’s lawyer Jude Ogik.
If Kilama’s lawyers succeed in securing an injunction, it could affect work on the dam which has already faced several delays before.
According to documents filed before court seen by Acholi Times, Kilama claims that he bought the land from a one, the late Francis Lawoko in 1995. The plaintiff states that in January 12 2001, he entered into a memorandum of Understanding with Norpak Power Ltd, a Norwegian energy company initially contracted to perform a feasibility study and environmental impact assessment (EIA) for Karuma dam.
In his affidavit, Pastor Kilama said that Norpak had offered him little money as part payment for compensating him on the land but they later abandoned the undertaking and as such land was reverted to him. Norpak quit Karuma Hydro Power dam deal in 2009 citing the Global Recession.
According to Pastor Kilama, on May 29, 2011, government approached him requesting for a piece of land measuring approximately 1.7680 acre, land on which he had recreational buildings, 10 eucalyptus trees, 4 avocados, 15 orange trees, 5 mango trees, five backcloth trees and 15 pawpaw trees.
He further noted that in September 2011, the defendant (gov’t) paid part fee of Shs 10,500,420 Million as compensation for the said land and properties but he was later forcefully evicted without any notice, permission or compensation in February 2013 from his 60 acres piece of land.
Kilama argues that the defendant in the process of eviction destroyed five grass thatched huts; two pit latrines, two bath rooms, 10 mango trees, 15 jackfruits, 10 stems of pawpaw, half an acre of banana plantation, 2 acres of pine trees, one acre of eucalyptus trees and two graves.
He alleges that the defendant has now built offices on part of the suit land, settled soldiers on a part of the land and fenced part of it off. The land, Pastor Kilama states, is situated along the Banks of river Nile and is currently being used as dumping site for waste.
Kilama is demanding that the government pays him Shs 2.7 Billion for forcefully taking away his 60 acres land, Shs 810 million in disturbance allowance and Shs 500 million for destruction of his property.
Mr Ogik, the plaintiff’s lawyer told Acholi Times recently that his client has been deprived of his land without any compensation by the government.
He cited that article 26 of the Ugandan constitution provides that the government can acquire land compulsorily from any person, however in doing so there ought to be prompt, payment of fair and adequate compensation.
Efforts to get comments from Mr Kabagambe Kallisa, the Permanent secretary Ministry of Energy and Mineral development were futile as he didn’t answer the repeated phone calls.
Mr Yusuf Masaba, the Communications officer at Ministry of energy when contacted said he is unware about the matter but promised to follow it up.
