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EACOP project affected persons appeal Masaka court ruling on land acquisition

Crude oil pipes being laid. EACOP pipeline will be the longest heated Crude oil pipeline in the world. It is one of the key projects for commercailisation. PHOTO URN

RAKAI, UGANDA | THE INDEPENDENT | At least 17 people affected by the East African Crude Oil Pipeline (EACOP) project in Kyotera and Rakai districts have appealed a recent Masaka High Court ruling. The ruling granted the government permission to acquire their land through compulsory measures.

Last month, Masaka High Court Resident Judge Lawrence Tweyanze approved an application by the Attorney General, allowing the government to acquire properties from 81 individuals who had rejected compensation for land within the oil pipeline route.

The judge authorized the government to deposit 701 million shillings with the court as compensation for the 81 discontented project-affected persons (PAPs), who could claim the funds at any time. The ruling also gave the government the right to evict the PAPs from their land, enabling contractors to proceed with pipeline construction. However, some PAPs have filed a notice of appeal, arguing that the court did not consider all relevant facts and denied them a fair hearing.

Led by Asuman Lubega, a resident of Nabigasa sub-county in Kyotera district, the PAPs contend they were not properly served with notices of the government’s applications and were therefore unable to present their defenses. “The court was misled into issuing a biased ruling against the PAPs because some parties named in the judgment were never served with papers, preventing them from filing their defenses,” the notice of appeal states.

Lubega explains that, in his case, beyond protesting the compensation for his banana plantation, part of his land was incorrectly allocated to a neighbor. He had alerted the project evaluation teams to this error, but it was not corrected. The PAPs further allege that the evaluation contractor used coercion and intimidation during assessments, undermining their ability to negotiate fair compensation.

“We were only served with the judgment and notices to vacate our land for the project. We were never given a chance to explain why we rejected the government’s compensation,” Lubega stated. He now seeks permission to appeal the ruling, citing substantial grounds for overturning the High Court decision.

Ismail Bwowe, another affected resident from Kituntu in Betereemu parish, Kyotera district, also disputes the ruling. Although he submitted his defense to the government’s application, he remains dissatisfied. Bwowe argues that the compensation of 11 million shillings for his 0.41-acre land is insufficient, given the local property values.

He claims that the meager compensation has fractured his family, as it is inadequate for resettlement. The Masaka High Court Registrar has yet to schedule a hearing date for the appeal.

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