Kampala, Uganda | THE INDEPENDENT | Kampala Capital City Authority-KCCA has asked the High Court Land Division to set aside a temporary order suspending the construction of Kabuusu-Bunamwaya-Lweza road. The Deputy Registrar of the Land Division, Flavia Nabakooza issued the temporary orders in response to an application by Rashid Ssenyonjo Musisi against KCCA.
Musisi filed an application through his lawyer Nalukoola Luyimbazi to halt the road works on grounds that KCCA had trespassed on his land in Lweza comprising Kyadondo block 267. He particularly accused China State Construction and Engineering Limited- CSCEC, which is undertaking the Shillings 97 billion project for dumping construction material on his land without his consent.
Musisi claimed that his property developed cracks and fissures during the road excavation works. He asked court to stop the road works until his suit is determined and directed KCCA to compensate him Shillings 50 million. However, KCCA has asked court to set aside the order saying halting the road works will inconvenience the authority and the general public.
KCCA also argues that suspending the road works financed under the Kampala Institutional and Infrastructure Development Project 2 –KIIDP2, will attract additional costs from the contract for time lost. Charles Tumwebaze, the KIID project 2 coordinator says KCCA is ready and willing to compensate Musisi if he can provide the necessary documents.
According to Tumwebaze, KCCA asked Musisi on March 10, 2020 to submit the necessary documents to facilitate his compensation but he opted to sue the authority. Tumwebaze explains that they continued engaging Musisi to provide full documentation for the property even after suing KCCA.
“The said temporary injunction order will be restraining the applicant from continuing with the road works. Will stall a donor funded public works project which is nearing completion that was launched by His Excellency the president of the Republic of Uganda”, reads the document in part. This matter has been fixed for ruling before the Deputy Registrar Nabakooza on notice.
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