A group of six individuals, including clan leaders, have filed a notice of appeal with the Court of Appeal, seeking to overturn a High Court decision in a long-standing land dispute with the Soroti Catholic Diocese in Amuria District.
The appellants, who include Aleu Mark, Egaru Richard Odongo Thomas, Eculu Vincent, Anoku Alex, and Ekeu Joseph, expressed dissatisfaction with the decision of High Court Judge Henry Peter Adonyo, delivered on October 14, 2022. They contend that “the learned trial judge erred in fact and law when he failed to determine the preliminary objection raised by the appellants/plaintiffs on the capacity of Fr. Joseph Ipurale Ocom to apply for a freehold title and survey the disputed land.”
The appellants also argue that “the learned trial judge erred in law and fact when he held that the appellants had made a departure from their pleadings” and that “the learned trial judge erred in law and fact when he dismissed the claims of the 5th and 6th plaintiffs.”
They further contend that “the plaintiffs were not the rightful owners of the suit land and decreed the same to the third party” and 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.”
The dispute began in 2014 when the appellants dragged Amuria District Land Board, Fr. Joseph Ipurale Ocom, and the Registered Trustees of Soroti Catholic Diocese to court, claiming they were the customary owners of the land in question. They sought a permanent injunction to restrain the respondents from “registering and granting a certificate of freehold land ownership in favor of St. Peter Canisius – Orungo.”
The respondents argued that “the plaintiffs have no cause of action against them” and the court should “dismiss the matter with costs.” They claimed that “Soroti Catholic Diocese (St. Peter Canisius Catholic Church) has been the lawful and rightful owner of the suit land measuring approximately 20 acres/gardens, which it allotted to Ococia Girls S.S. for its development since 1997.”
Justice Henry Peter Adonyo dismissed the case, citing “inconsistencies and contradictions” in the evidence produced. He declared that “the suit land as shown from the demarcation in the map exhibit DEx.5 belongs to Soroti Catholic Diocese (St. Peter Canisius, Orungo)” and issued a permanent injunction restraining the appellants from “interfering with the counterclaimants’/defendants’ occupation, possession, and enjoyment of the suit land.”
The Court of Appeal will now decide on the matter, considering the appellants’ grounds of appeal and the respondents’ arguments. The outcome will determine the fate of the disputed land and bring closure to the long-standing dispute.
