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Businessman Seeks UGX 600M from KCCA For Demolished Property

Kizito has filed a suit the Civil Division of High Court against KCCA, Moses Atwine, the Directorate of Physical Planning KCCA and Joan Kyalimpa from the same directorate through his lawyer, Paulsen Nalubega and Co. Advocates.
29 Feb 2020 18:43
Dick Kizito, a Real Estate Developer is seeking compensations of over Shillings 600 million from Kampala Capital City Authority-KCCA for alleged destruction of his residential structures. 

Kizito has filed a suit the Civil Division of High Court against KCCA, Moses Atwine, the Directorate of Physical Planning KCCA and Joan Kyalimpa from the same directorate through his lawyer, Paulsen Nalubega and Co. Advocates.     

In his application Kizito explains that in 2009, he purchased a piece of land in Ntinda from a one, Charles Kinyanjui.  According to Kizito, he applied for approval from KCCA to put up two residential complexes. He contends that his application and architectural designs were approved by the authority.   

Kizito explains that he started construction expecting of the housing units, which he planned to complete within four months. He says each housing unit was expected to fetch him US$ 3000 (about UGX 11 million) monthly. He however, says KCCA showed up shortly and served him with a notice directing him and his agents to stop any further construction and submit d a copy of the approved architectural drawing, which they did.

He started construction but changed orientation to reserve space for a third unit, which didn’t conform with the actually boundaries drawn by Uganda Land Commission. It is then that KCCA served him with a second notice stopping any further construction of the perimeter wall fence, saying it had exceeded its boundaries.  Kizito says he complied with KCCA orders and went back to the approved architectural drawing for both complexes.

He however says that on January 18th, 2020, Moses Atwine "without any color of right and or justification in law", stormed the construction site, arrested the workers and detained them for two days at the Central Police Station for failure to comply with directives. The workers were later released on bond without any criminal charges instituted. 

Kizito says that he then applied to the Lands office seeking clarity on the boundaries of the land so as to settle the concerns raised by KCCA that his perimeter wall has gone beyond the approved area. The Lands office delayed to respond to the matter, which prompted him to write to KCCA informing them of the delay and seeking more time to resolve the matter.  

The applicant says KCCA didn’t listen and was determined to demolish his structures. He says on February 20, 2020 KCCA demolished his perimeter wall together with the two residential blocks causing him a loss of over Shillings 600 million as his structure had reached roofing stage. He argues that when his structures were demolished in such a manner, he suffered mental anguish and psychological torture, grave inconveniences and public harassment.

He wants court to declare that the defendants acted unlawfully, highhandedly, recklessly and irrationally without any justification in law when they demolished his complexes. He also seeking wants court to direct KCCA to compensate him over Shillings 600 million and issue a permanent injunction restraining it from further interference with his property. Kizito is also seeking special damages, punitive damages, cost of suit and interest at commercial rate of 28% annually on compensation among others.