East African Gazette
The battle for land between Clan leaders in Amuria District and Soroti Catholic Diocese looks like it will not end following a group of six people including clan leaders seeking for the Court of Appeal’s decision over the same matter.
According to their notice of appeal which was filed to court of Appeal Registry, the group expressed their dissatisfaction with the decision of High Court Judge Henry Peter Adonyo delivered in the case they failed against Amuria District Land Board , Fr Joseph Ipurale Ocom and Registered trustees of Soroti Catholic Diocese.
In their notice of appeal, these contend that the learned judge erred in fact and law when he failed to determine the Preliminary objection raised by Appellants/Plaintiffs on the Capacity Fr Joseph Ipurale Ocom to apply for a freehold title and surveying the audit land.
“The learned trial erred in law and fact when he failed to visit locus and delegated the same to the Registrar who didn’t hear the matter thus resulting into miscarriage of justice.”
That the learned trial judge erred in law and fact when he held that the appellants had made departure from their pleadings well as not
“The learned trial judge erred in law and fact in dismissing the claims of the 5th and 6th Plaintiffs. That the plaintiffs were not the rightful owners of the suit land and decreed the same to the third party.”
That the trial judge also erred in law and fact in holding that the survey and demarcation were done lawfully since the neighbors were consulted whereas not, when he wrongly dismissed the plaintiff’s case with costs on grounds that it was legally untenable.
“The learned trial judge erred in law and fact in holding that the plaintiffs in bringing their suit, intended to use the judicial system to grab land belonging to the 3rd Defendant on a false and phony claim.”
Background
Aleu Mark, Egaru Richard Odongo Thomas, Eculu Vincent, Anoku Alex and Ekeu Joseph referred to as plaintiffs in 2014 dragged to Soroti High Court Amuria District Land Board, Fr Joseph Ipurale ans Registered Trustees of Soroti Diocese claiming that they are the customary owners of the land located at Obur village and Ajonai village,Ococia parish, Ogolai sub- county,Orungo county in Amuria District.
These asked the court to issue a permanent injunction restraining the respondents, their agents, workers and members of the general public from Registering and granting a certificate of freehold land ownership in favor of St. Peter Canisius – Orungo.
An injunction restraining the above people from Trespassing on the said land , evicts the plaintiffs from the suit, unilaterally planting survey stones on land customarily owned by plaintiffs.
However in response to the above allegations, the respondents asked the court to dismiss the matter with costs on ground that the plaintiffs have no cause of action against them.
“The 2nd and 3rd defendants contend that at all material times, Soroti
Catholic Diocese (St Peter Canisius Catholic Church) has been the lawful and rightful owner of the land measuring approximately 20 acres/gardens allotted to Ococia Girls S.S for its development since 1997.
The uncle of the 1st plaintiff, the late Opoi Yuventino donated part of his land measuring 4 acres, now North West of the disputed land, to the Catholic church of St Peter Canisius.”
Court Ruling
While giving his ruling on 14th October 2022 at Soroti high court, Justice Henry Peter Adonyo dismissed the case on grounds that the evidence produced was full of inconsistencies and contradictions.
“Arising from above, it is thus hereby declared that the suit land as
Shown from the demarcation in the map exhibit DEx.5 belongs to Soroti Catholic Diocese (St Peters Carnisius, Orungo).”
The judge also issued a Permanent injunction is hereby issued restraining the
Plaintiffs/counter defendants and / or their authorized agents from interfering with the counterclaimants’ /defendants’ occupation, possession and enjoyment of the suit land.
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