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Encroachment on School Land

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Home court

School Proprietor Petitions Court over Encroachment on Her Land

Omamteker says that she is the owner of the land situated at Uringi Crescent in Entebbe since 2010. But in January 2021 when she contracted Associated Engineering Surveyors Limited to undertake a survey and boundary opening exercise, she found that Barigye had partly encroached on her land, estimated to be measuring half an acre.

Dorothy Nalumansi by Dorothy Nalumansi
September 16, 2022
in court
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Encroachment on School Land
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The Proprietor of Entebbe Junior School Rosemary Kiiza Omamteker has petitioned the High Court in Kampala for a permanent injunction restraining a one Peace Barigye and her agents from trespassing on her land located inBusiro County, Wakiso district. 

Omamteker says that she is the owner of the land situated at Uringi Crescent in Entebbe since 2010. But in January 2021 when she contracted Associated Engineering Surveyors Limited to undertake a survey and boundary opening exercise, she found that Barigye had partly encroached on her land, estimated to be measuring half an acre.  

The surveyors explained that the geometry of plot 31A in the said area and its acreage is exactly similar to Omamteker’s title print and advised that encroachment issues should be handled privately. Howeber, she says that she faced hostility when she reached out to Barigye o the matter.

She adds that Barigye also shunned efforts by the Town Clerk Entebbe Municipal Council who had been petitioned to stop her from encroaching on the land and to protect the boundaries of the land in question. Instead, Barigye blocked Omamteker’s access to her plot by constructing a gate on the access road to their respective plots.

Omamteker says that Barigye’s actions are malicious and wicked and have greatly interfered with her quiet possession of the suit land. She asked the court to order her to vacate her land, to demolish the illegal structures constructed and compensate her for the damages caused at a 25 per cent rate. 

The Court is yet to summon Barigye to defend herself over these allegations before the matter can be fixed for hearing. 

In June 2022, Omamteker and four others sued Barigye, Kassim Mambo-the Officer in Charge of Criminal Investigations at Entebbe Police Station together with the Attorney General in the Civil Division of the High Court seeking a declaration that the actions of the respondents and their agents including armed personnel of forcefully arresting them on April 23, 2022, were an infringement and a violation of their fundamental and human rights enshrined in the constitution. 

This civil case is yet to be heard by Justice Musa Ssekaana. 

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