Man drags KCCA to court for trespass on his land while constructing shs97bn Bunamwaya road
A man has dragged Kampala Capital City Authority to court for trespassing and encroaching on his land during the construction of a road.
Rashid Ssenyonjo Musisi, a resident of Bunamwaya says he is registered owner of land comprised in Kyadondo block 267 but says his land has been trespassed on by KCCA during the construction of the Kabuusu- Bunamwaya -Lweza road.
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“At all material time, the plaintiff has been enjoying quiet possession of his land until recently when the defendant(KCCA) encroached on the suit property by embarking on excavation and ferrying of construction materials including but not limited to stones on the property without consent or authorization from the plaintiff,” the court documents read.
Musisi avers that in the course of excavation by use of heavy machinery like earthmovers and excavators, his property has developed cracks and fissures and the damaged walls of his structures are hanging after removal of the rocks from his land.
He also says that without consultation or compensation to him, KCCA embarked on construction of the road through his property whereas construction materials were put on his land without his consent.
Demand
In his suit, Musisi wants court to declare that KCCA is depriving him of his property which is violation of his right to property.
“The plaintiff seeks an order of eviction of the defendant from the suit property and an order of atonement of the damages caused on the suit property as a result of encroachment,” the court documents say.
Musisi also wants a permanent injunction stopping KCCA from or any other person from any further trespass but also exemplary damages and general damages up to shs50 million.
KCCA has been given 14 days to file its defence in the matter.
The construction works in question are for the 8.06 km Kabuusu - Bunnamwaya- Lweza road under the Kampala infrastructural Development Program (KIDP).
The project is funded by the World Bank and the construction is undertaken by China State Construction and Engineering Corporation Limited (CSCEC).
President Museveni in July last year flagged off the construction of the shs97 billion road that will connect Entebbe Expressway to the Northern Bypass.
