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.
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
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
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.