By KT Reporter
The Court of Appeal has ruled that the demolition of St. Peter’s Church in Ndeeba was illegal, overturning previous execution orders that had authorized the eviction of the church by Spear Link Auctioneers and Bailiffs.
In a unanimous decision, a panel of three justices—Irene Mulyagonja, Oscar Kihika, and Moses Kazibwe Kawumi—declared the eviction and demolition unlawful.
“The execution that was lived against the occupants of the land… was illegal and its hereby set aside,” Justice Mulyagonja stated in the lead judgment, a copy of which has been obtained by our reporter.
St. Peter’s Church in Ndeeba was demolished in the wee hours of August 9 by court bailiffs acting on behalf of businessman Dodoviko Mwanje of Ephraim Enterprises. The demolition sparked widespread outrage and stirred national emotions, drawing condemnation from both the public and religious leaders across the country.
The church in question was demolished following a protracted ownership dispute that spanned over 40 years. Available records indicate that the demolition was carried out as a result of a court ruling by Justice Eudes Keitirima arising from a property conflict involving the joint administrators of the estate of the late Evelyn Nachwa, a Buganda Kingdom Princess and the original owner of the land, members of the church, and Lucy Nsubuga, who represented the estate of the late Bishop Danistan Nsubuga.
The court ruling stated that the land had been fraudulently registered in the names of Bishop Danistan Nsubuga, Rev. Yuda Kitaka, and Esau Kizito, and subsequently ordered the church to vacate the premises.
However, following the demolition, the case took a new turn when Flavian Zeija, then Principal Judge, overturned the previous court ruling that had awarded the land to businessman Dodoviko Mwanje. Justice Zeija called for a fresh hearing of the matter, reopening the dispute over the land where St. Peter’s Church once stood.
The joint administrators of the estate of the late Evelyn Nachwa, who were also aligned with the interests of businessman Dodoviko Mwanje, appealed, requesting the Court of Appeal to reinstate the earlier decision by Justice Eudes Keitirima, which had granted ownership of the land.
However, the Court of Appeal dismissed their request, instead upholding the orders of the Principal Judge, who had set aside the High Court judgment delivered on August 6, 2019.
“The orders of the Principal Judge setting aside the judgment of the High Court that was delivered on 6th August 2Ol9 in Civil Suit No 432 of 2008 are upheld,” the judgement added. In his judgment, Justice Oscar Kihika emphasised that the retrial should proceed based on the status quo that existed before the original judgment, which was later reviewed was delivered. He further stated that any matters related to the subsequent sale of the disputed land to Ephraim Enterprises Ltd should be addressed in a separate legal case.
“Any issues arising out of the subsequent sale of the suit land to Ephraim Enterprises Ltd would have to be resolved in a separate suit,” he noted.
The case was subsequently remitted to the High Court to allow for a full hearing, including evidence from the personal representatives or administrators of the estates of the late Reverend Y.A. Kitaka and Bishop Dunstan N. Nsubuga.
Court records indicate that the said individuals had not been included in earlier proceedings, despite their critical relevance to the matter, as previously submitted before the Principal Judge.
The court ruled that the current status of the disputed land must remain unchanged until the High Court concludes the retrial. At present, the land is in the possession of the Church, which has erected temporary structures used for Sunday prayers. However, no construction activity has resumed since the original church building was demolished.
Additionally, the court issued an injunction stopping the government from compensating businessman Dodoviko Mwanje. Specifically, it barred the Attorney General from disbursing UGX 3.8 billion to Ephraim Enterprises Ltd., Mwanje’s company, as compensation for the land acquisition. This injunction will remain in effect until the High Court delivers a final verdict in the civil suit.
“The injunction…to restrain the Attorney General from paying UGX 3,800,000,000 to Ephraim Enterprises Ltd. as compensation for acquisition of the land in dispute shall remain in force until the final disposal of High Court Civil Suit,” the justice noted before slapping the costs of the appeal on the appellants.
The 3.8 billion Shillings compensation stems from a controversial move in February 2021, when the government, responding to public outcry, presented a supplementary budget to Parliament to facilitate the compulsory acquisition of the Ndeeba Church land, which had been razed in 2020. Though Parliament initially questioned the payment, an Ad Hoc Committee on Land Compensation, chaired by Veronica Eragu Bichetero, eventually approved it.
However, Lucy Nsubuga—the widow of the late Bishop Dunstan Nsubuga—petitioned the court to halt the compensation, arguing that the ownership of the land was still under legal challenge. She requested that no payment be made until the case is fully heard and resolved.
Besides this particular matter at hand, Mwanje, together with 18 others are still facing criminal charges related to the theft of church property valued at more than 850 million shillings and conspiracy to demolish it. This particular case is still pending before the Anti-Corruption Court.
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