By KT Reporter
The High Court in Arua has halted the execution of an eviction order in a controversial land dispute between Arua Catholic Diocese and the proprietor of Happy Day Nursery and Primary School. The decision follows a petition filed by Pontius Afayo Nufiason, challenging a ruling by the Arua Chief Magistrate’s Court, which in April 2025 awarded over UGX 40 million to the Diocese.
In Civil Suit No. 0025 of 2016, Arua Catholic Diocese claimed that Afayo Nufiason, who purchased a hectare of land along Ediofe-GiliGili Road in 2002 and built the school in 2004, had encroached on diocesan land and acquired it illegally. The Diocese argued that the land, originally leased from the AKO clan, belonged to the Diocese, which now houses its headquarters at Ediofe.
The Chief Magistrate’s ruling in April 2025, prepared by His Worship George Obong, declared Afayo a trespasser and awarded damages in favor of the Diocese. However, through his lawyer Sam Ondoma of Alaka and Co. Advocates, Afayo appealed to the High Court under Civil Appeal No. 031 of 2025, arguing that the lower court erred by failing to properly evaluate evidence of land acquisition and ownership.
“The Learned Trial Chief Magistrate erred in law and fact by failing to evaluate the plaintiff’s and respondent’s evidence on record concerning proof of acquisition and ownership of the suit land, wrongly concluding that the plaintiff/respondent is the lawful owner and deeming the appellant/defendant a trespasser,” the appeal partly stated.
On August 18, 2025, His Worship Paul Matyama, Assistant Registrar of the High Court in Arua, issued an order staying execution of the lower court’s judgment, effectively halting plans by the Diocese to evict Afayo and the school.
“An order of stay of execution in Miscellaneous Application No. 0046 of 2025 is hereby granted, halting the execution of the judgment, decree, and orders of the lower court pending the determination of High Court Civil Appeal No. 0031 of 2025,” the court ruled.
Afayo told URN on Tuesday that he welcomed the High Court’s decision, expressing confidence in proving ownership during the appeal. He pointed to tree stumps marking the boundary between his land and diocesan property.
Arua Catholic Diocese, represented by Monsignor Kasto Adeti, has declined to comment on the High Court’s restraining order, though internal sources indicate the ruling has caused disorder among the Diocese custodians and their lawyers, Henry Odama and Co. Advocates.
In a related matter, members of the AKO clan in 2019 sued the Diocese over unpaid 99-year lease fees for the land used to establish Ediofe Cathedral Church, a lease which expired in 2019 and remains unrenewed. This case is still pending before the High Court of Arua.
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