As the Covid-19 impact continue to hit hard the economy, the government of Uganda has played a fairly tremendous role in as far as saving the tax payer’s money is concerned.
The Uganda National Roads Authority is one of the few government agencies that have recorded outstanding performance over time.
Besides construction of state of art roads, bridges and mega resumption ferry services among others UNRA’s other untold achievements include saving the tax payer’s from being looted by corrupt and selfish individuals.
Under Allen Kagina’s great leadership, UNRA in April managed to win a court case against under a Civil Suit No. 423 of 2014;Southern Range Nyanza Limited versus Uganda National Roads Authority & COWI Limited.
In 2010, Southern Range Nyanza land comprised LRV 403 Folio 3 Plot No. 22-52 and 21-51 Yusuf Lule road, Njeru town council was identified as the most optimal alignment for construction of the Source of the Nile Bridge. Southern Range Nyanza, a textile factory, was paid and acknowledged receipt of compensation of UGX 8,980,810,000 as compensation for its land that was acquired by UNRA for the project.
At the point of effecting the said compensation to Southern Range Nyanza, they raised several concerns of some properties being injuriously affected by the construction works and it was agreed between both parties that further consultations would be made at the design stage to consider all effects identified in the Resettlement Action Plan and that it is at that point that all issues raised by the Plaintiff would be addressed.
At the design stage, Southern Range Nyanza claimed that UNRA had not assessed all the land and property that would be affected. However, the construction works carried on till the conclusion of the project without occasioning any damage (as earlier feared) to the factory. Despite the completion of the civil works, Southern Range Nyanza still insisted on being compensated for consequential loss and made a claim of Uganda Shillings thirty billion four hundred seventy eight (UGX 30,478,000,000) for injurious affection (consequential loss) suffered by the factory owing to expropriation of its property, special damages, and general damages of UGX 2,000,000,000 as interest and costs of the suit.
The company also sued UNRA, seeking damages and loss of business for delayed release of their Certificate of Title. According to Southern Range Nyanza, when its certificate of title earlier pledged as security to Bank of Baroda (Plaintiff’s banker) was released to UNRA and not returned within the agreed 90 days, it suffered business loss as it could no longer access credit facilities.
According to Justice Musa Ssekaana, with evidence presented, the factory suffered no injurious damage on orphaned land since UNRA paid 15% disturbance allowance as cover to Southern Range Nyanza for loss as a result of the expropriation and therefore dismissed the case.
