The ruling stems from a court case in which Twed Property Development Limited sued UIA, Victoria Nile Plastics Limited, and Jerryfa Limited for taking over its land in Namanve Industrial Park.
Division of the High Court has issued an interim Injunction blocking the Uganda
Investment Authority-UIA and two other companies from operating on a contested
five acres of land in Namanve Kampala.
The ruling stems from a court case in which Twed Property Development Limited
sued UIA, Victoria Nile Plastics Limited, and Jerryfa Limited for taking over
its land in Namanve Industrial Park.
It all started in 2011 when Twed Property applied to UIA for an allocation of
land to set up residential, office developments, and a four-star hotel.
According to an affidavit sworn by Dr. Dan Twebaze the Managing Director of
Twed Property Development Limited, the proposal was approved in September 2011
and on June 20, 2014, the company was issued a lease term of 5 years that
was meant to expire on June 20, 2019.
Unfortunately, according to court records, the lease intended for this company
was erroneously granted to a different entity named “Twed Properties Limited”
and not “Twed Consulting Company Limited” as “Twed Property Development
Limited” was then known.
In his affidavit, Twebaze, the Managing Director of Twed Property Development
Limited says that they asked UIA to rectify the mistake but the same wasn’t
immediately granted and the company started groundworks to the allocated land,
compensating squatters, excavating and grading the land.
By the end of 2014, however, the company wanted to change the use of the land to
construct a warehouse, arguing that its initial business wasn’t viable because
the roofing company had set up a facility just adjacent. The company then “applied
for the change of use from the original proposal to a modern warehouse and
logistics center in order to match the character of the adjacent facility.
court records, in 2018, UIA wanted to withdraw the lease on grounds that the company
had failed to meet the terms of the lease which was expiring in 2019. UIA would
later reconsider and allow the company to occupy the land for another six months
within which they have to work on the land and have necessary documentation
from National Environment Management Authority processed among others.
According to UIA, Twed Property Development Limited failed to meet the
conditions of the lease agreement and in 2020, after the lease had expired,
they reallocated the same land, giving three acres to Victory Nile and two acres
Development Limited filed a judicial review case before the Civil Division of
the High Court arguing that they had a legitimate expectation that UIA would issue
it with an amended lease with fresh terms. The company asked the court to declare
the reallocation of the land as illegal and irregular and hence quash this move
But UIA through its director Hamza Galiwango opposed the application saying that by the
time Twed’s lease agreement expired, they had not graded or fenced off the
land, submitted acceptable building/architectural plans to UIA, obtained NEMA
approvals to commence project implementation, or erected any physical
development on the land yet these were the terms of the initial lease
The case was dismissed by Justice Musa Ssekaana on grounds that Twed’s rights as the applicant were wholly derived from the lease agreement, an agreement that
involves a private law and not public law issues that would not ordinarily be
the subject of judicial review.
Since the case was wrongly filed as a judicial review case and hence dismissed,
last year the company filed another application seeking to reverse UIA’s
decision to withdraw land from it and give the same to Victoria Nile Plastics
Limited and Jerryfa Limited.
also filed another application seeking the Deputy Registrar to issue an interim injunction to stop further transactions on the contested land until the main
suit is resolved. The Deputy Registrar however declined to grant the orders
saying, the company would not suffer irreparable damage.
Displeased with the Deputy Registrar’s decision, Twed appealed before the Land
Division of the High Court. In his judgment dated 27th May 2022 Justice John Eudes
Keitirima set aside the Deputy Registrar's decision and granted an interim
Injunction as sought by Twed Property Development Limited.
His decision was based on the fact that the two companies that UIA had
reallocated the land to did not oppose the appeal, something the Justice
interpreted as conceding. As for UIA, the court ruled that since they don’t have
physical possession of the land, they wouldn’t be affected by the decision of