[2023] UGHC 341

# THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA HOLDEN AT LIRA

#### **MISCELLANEOUS CAUSE NO. 016 OF 2018**

#### 1. ALELE STEPHEN

### 2. OMARA ISAAC= $\mathbf{C}$

**APPLICANTS**

3. ODUR ANTHONY

#### **VERSUS**

1. LIRA DISTRICT LOCAL GOVERNMENT COUNCIL 2. LIRA DISTRICT LAND BOARD=

**RESPONDENTS**

#### **RULING**

# **BEFORE:HON. JUSTICE ALEX MACKAY AJIIJ**

This is an application is brought by way of Notice of motion under Articles $50(2)$ , $20(1)$ , $26(1)$ , 38(1), 45 and 8A of the constitution of the Republic of Uganda 1995, section 179 of the Local Government Act cap 243, sections 67(1) A and C of the police Amendment Act 2006, section 98 of the CPA rules 3(1), 6 and 7 of the Fundamental Rights and freedoms (Enforcement procedure) Rules (2008) rr.1 & 3 of the civil procedure Rules, SI 71-1, seeking the following orders that;

- 1. A declaration that land at Erute adjacent to the new Akii Bua stadium located in Lira Central Division, Lira Municipality, Lira District, belongs to Uganda Police force. - 2. A declaration that sale, alienation of the said land by the Respondents is illegal and prejudicial to the interest of Uganda Police Force. - 3. A declaration that a permanent injunction issue restraining the Respondent from alienating and/ or allocating the said land to third parties or potential developers. - 4. A declaration that the said land at Erute comprised of residential premises; land comprised of staff quarters at Ireda Housing Estates, and land comprised of administrative unit and residential premises at Ojwina Division (formerly Lira sub-county administrative unit), Lira all belongs to Uganda Police Force.

5. Costs of this application

The grounds of this application are specifically set out in the affidavits of Alele Stephen,Odur **Anthony and Agweng Dolly** which briefly states;

- 1. That the applicants bring this action in public interest and in observance of the constitutional duty and obligation to uphold defend the constitution. - 2. That on 17/7/2018, the applicants while at Lira municipal notice board saw public notice dated 4/7/2018 signed by one Mark Tivu, the chief Administrative Officer of the 1^st Respondent notifying the public of availability of plots (both commercial and residential) at Erute adjacent to the new Akii Bua stadium, Central Division, Lira District, to be developed and thus invited the public to apply for allocation of the said plots. - 3. That the actions of the Respondents are deliberate move to deny officers of Uganda Police Force from utilizing the said land thus affecting their cardinal role of keeping law and order to which the general public is a beneficiary. - 4. That on 18/7/2018, the applicants met officers of Uganda police officer at the Regional Police Headquarters, Erute, and inquired about the status of the said plots at Erute soon to be allocated to developers by the respondents whereupon the applicants with one Ogwang Alele were informed by the said officers that the said land by law belongs to uganda police force. - 5. That the Respondents took the decision to sell and alienate the said land without consulting the police and the public who are major stakeholders with recognised interest in the land. - 6. That the respondents have a legal duty to protect public property and take decision and do things in pursuit of national interest and common good. - 7. That the Respondents have a duty respect, protect and promote the right to property.

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8. That it is the interest of Uganda Police Force and general Public that the application is granted.

In opposition to this Application the Respondents through the 1^st Respondent officer as senior Land Management Officer attached to 2^nd respondents' Technical, filed an affidavit in reply wherein they vehemently opposed the grant of the orders being sought.

The Applicant was represented by of M/s Okwi & Co. Advocates while the respondents were represented by *M/S kakoona &Co. Advocates*.

The parties were given timelines for filing submissions but it appears they have both failed to file submissions. This court shall proceed to determine the matter on the evidence available on court record.

The issues for determination are;

- 1. Whether the suit land belongs to the 1^st Respondent or Uganda police force by operation of the law and the constitution and the constitution of the Republic of Uganda 1995? - 2. What remedies are available to the parties?

#### **RESOLUTIONS**

### 1) Whether the suit land belongs to the 1^st Respondent or Uganda police force by operation of the law and the constitution and the constitution of the Republic of **Uganda 1995?**

The right to property or the right to own property is often classified as a human right for natural persons regarding their possession.

The applicants are aggrieved by the actions of the respondents for their dealing on land which was formerly used and purportedly owned by the Uganda police force.

The police Force is established under Article 211 Uganda Police Force that provide that: -

(1) There shall be a police force to be known as the Uganda Police Force and such other police forces in Uganda as Parliament may by law prescribe.

(2) Subject to the provisions of this Constitution, every police force in Uganda shall be organized and administered in such a manner and shall have such functions as Parliament may by law prescribe.

(3) The Uganda Police Force shall be nationalistic, patriotic, professional, disciplined, competent and productive; and its members shall be citizens of Uganda of good character.

The local government Act provided for the existence of police and prisons under Section 179. of the local Government Act which provides that "Local government police and prisons existing at the enactment of this Act shall continue in existence until a new law covering them is enacted" following the amendment of the police Act in 2006, the local Administration police was integrated into the Uganda police force under section;

"67A of the. Local administration police that provided as follows:-

(1) The local administration police force in existence immediately before the commencement of this Act shall continue to exist in accordance with this Act and shall be fully integrated into the police force as the local administration police.

(2) The local administration police shall be under the command and control of the inspector general who shall be responsible for all its operations.

After the integration, the law further provided for the properties under the LAP that Transfer of local administration police property to police force the properties belonging to and used by the local administration police force under the local governments shall, on the coming into force of this Act, be transferred to the Uganda Police Force. 67C of the police Act.

From the above laws I want to make an analysis and answer the question about ownership of properties. As the applicants relied on Article 26 of the constitution allow me proceed that provide that Every person has a right to own property either individually or in association with others and

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No person shall be compulsorily deprived of property or any interest in or right over property of any description except where the following conditions are satisfied-

The applicants submitted that the land belonged to the Local Administration Police and that it was used by them before the integration. Section 179. of the Local Government Act provides, "Local government police and prisons existing at the enactment of this Act shall continue in existence until a new law covering them is enacted" following the amendment of the police in 2006, the local Administration police was integrated into the Uganda police force under section 67A and the integration provided for the properties that belonged to the Local Administration Police under section 67C.

The use of the land by Local Administration Police was material before their integration. The catching words here to me are belonged to, used by and transfer, according to my understanding of section 67C which I will literate here as "that Transfer of local administration police property to police force the properties belonging to and used by the local administration police force under the local governments shall, on the coming into force of this Act, be transferred to the Uganda Police Force.

What I understand from the above section is that the properties that belonged to and used by the Local Administration Police would be transferred to Uganda police and these properties were Guns, writing materials, furniture, vehicles including land because those were there tools of work and those are governed under the police Act.

Black's Law Dictionary defines property as "The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others.

The applicant's claim to property whether rightly or wrongly has been put in question, therefore the applicant's right to property to enforce any claim to use or benefit of it is in dispute. The Local administration police and the Uganda Police force exclusive enjoyment of the property is interfered with. The actions of the Respondents in such circumstances is deemed definitely to have infringed upon the applicants right to property.

Therefore is justification for the claim that the respondents in their capacity as Local Government Council and Lira District Land Board interfered with the applicant's rights of property or

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threatened the applicant's constitutional right to property guaranteed under Article 26 of the Constitution. The respondents are by law in breach of holding and interfering with the use of property that belongs to the Uganda Police that fell in the ambit of Uganda Police upon integration of the Local Administration Police to Uganda Police.

The actions of the respondents were not within their constitutional parameters of dealing with the same. Therefore, find the $1^{st}$ issue in affirmative and this answers the $2^{nd}$ , $3^{rd}$ and $4^{th}$ issues in affirmative as well.

# 2. What remedies are available to the parties?

This application succeeds it is therefore declared as follows;

- 1. The land at Erute adjacent to the new Akibua stadium located in Lira Central Division Lira municipality, Lira district belongs to the Ugandan Police Force. - 2. Any sale or alienation of the said land is illegal and prejudicial to the Uganda Police Force. - 3. Permanent injunction issued retraining the respondent from alienating and or allocating the said land to $3^{rd}$ parties or potential developers. - 4. A Declaration that the said land comprised of residential premises land comprised of staff quarters at Ireda Housing Estates and land comprised of administrative units and residential premises at Ojwina Division Formerly Lira Sub county Administration units in Lira all belongs to the Uganda Police Force.

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5. Costs awarded to the Applicants.

I so order.

Dated and delivered at Lira this ....................................

J.

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cossen in Com?

V demide<br>Domini<br>Jurge

grossy **ALEX MACKAY AJIJI**

**JUDGE** Le

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