KAMPALA, Uganda | The High Court of Uganda has nullified an attempt by Kampala Capital City Authority (KCCA) to cancel the land title held by the Registered Trustees of Shree Sanatan Dharma Mandal (SSDM), the owners of the property on which the historic Bat Valley Primary School stands. The court found KCCA’s actions to be illegal, irrational, and a glaring overreach of its authority, offering a resounding victory for the Trustees who have managed the property since 1938.

The dispute arose after KCCA passed a resolution on December 18, 2023, seeking to revoke the Trustees’ freehold title for the property at Plot 110, William Street, Kampala. This abrupt decision halted plans for a much-needed redevelopment of Bat Valley Primary School, which included new classrooms, a secondary school, and a teaching hospital. The resolution also directed that rental payments from tenants on the land be redirected to KCCA instead of the Trustees, who had legally managed the property for decades.

The Trustees, represented by their legal team, argued that KCCA’s actions were not only illegal but also went against prior court rulings that affirmed their ownership. They emphasized that the property had been legally acquired and registered under freehold title since 2012, and that KCCA’s attempt to seize control was an unprecedented violation of property rights.

Justice Ssekaana Musa delivered a strong rebuke of KCCA’s conduct, ruling that the city authority had overstepped its legal mandate. The court emphasized that only the High Court or the Commissioner for Land Registration has the authority to cancel a registered land title, as per the Registration of Titles Act and the Land Act. KCCA’s attempt to annul the title was deemed ultra vires—beyond its legal powers.

The judge further noted that KCCA’s resolution was irrational, as it disregarded the approved redevelopment plans for the school, which aimed to improve the educational facilities and cater to the growing needs of the community. The decision to halt these plans, despite prior approval by both the school’s management committee and KCCA’s own Central Division Council, was seen as unreasonable and lacking any logical basis.

The ruling also highlighted a key issue of procedural impropriety, as KCCA failed to give the Trustees an opportunity to be heard before passing its resolution. The principles of natural justice require that any party affected by a decision be given a fair hearing. By bypassing this crucial step, KCCA violated the Trustees’ constitutional right to fair and just treatment.

“The decision was made without consulting the owners of the property or the school management, who had invested time and resources in the redevelopment project,” Justice Ssekaana stated. “Such actions undermine the rule of law and the fundamental rights of individuals.”

In its final orders, the High Court quashed KCCA’s resolution, directing the city authority to immediately cease any interference with the Trustees’ management of the property. The court also ordered KCCA to account for and refund any rental income it had unlawfully collected during the period when it assumed control of the property.

This decision paves the way for the Trustees to resume their redevelopment plans, which promise to enhance the quality of education at Bat Valley Primary School and serve the broader community needs.