Both Kampala Capital City Authority (KCCA) and Uganda National Roads Authority (UNRA) have been dragged to the High Court (Land Division) by Nyakana’s wife Sarah Kizito Nyakana over the Centenary Park land.
According to an application filed in the High Court on 12th November 2020 by Nalongo Estates Limited, which is owned by Sarah Kizito Nyakana, she wants to know the most effective and efficient way of ensuring the smooth implementation of the Kampala flyover project in co-existence with her rights under the Memorandum of Understanding (MOU).
Nyakana accuses UNRA of encroaching on her land saying she surrendered only two acres but the authority attempted to demarcate 4.7 acres of the Centenary Park land needed for phase two of the Kampala flyover. She added that KCCA had agreed to renew her lease and process for her a title for the remaining 2.7 acres.
She also wants to know whether the process of finalizing the extension of the lease to a full term and issuance of a lease term should be completed by KCCA.
“Whether the process of finalizing the extension of the lease to a full term in respect to the properties compromised in LRV 4211 Folio 14 Plot 96A, Kitante Road (Yusuf Lule Road), and LRV 4211 Folio 15 Plot 5 Park Lane and issuance of a lease term in respect of the property compromised in LRV 2825 Folio 1 Plot 34E-38E Jinja Road, all in favor of the plaintiff pursuant to the Memorandum of Understanding, should be completed by the first defendant (KCCA),” reads part of the application filed at High Court through her lawyers M/S Muwema & CO. Advocates and Solicitors.
Nyakana says that the tenants businesses have been adversely affected and disrupted by both KCCA and URA and they now live in constant fear of destruction of their properties and eviction yet the flyover project and the businesses are supposed to co-exist under the MOU.
“That this matter is clear and straightforward and it ought not to be subjected to long and winding litigation in the interest of expediting the government program of the said Kampala flyover project as it requires an interpretation of the aforesaid Memorandum of Understanding to determine the rights and obligation of the parties.”
According to KCCA records, Nalongo Estates Limited was given a contract to manage the green public open space land at Centenary Park on behalf of the city authorities. A contract which was to be renewed after five years.
The developers were supposed to plant trees that would create leisure gardens and conference centres among others and members of the public were to be allowed access without any restrictions.
However, the space was later fenced off and members of the public could not access it for free as permanent structures were constructed on part of the piece of land and turned it into bars and parlours.
After the expiry of the lease, KCCA attempted to obtain vacant possession of the land but there was a physical confrontation with KCCA enforcement officers, who wanted to demolish the structures and repossess the land to pave way for city developments.
Nalongo Estates Ltd has previously been at the centre of controversy in 2017 when the company blocked KCCA from accessing the same land to enable the installation of sewage pipes by the National Water Sewerage and Corporation (NWSC).