Clan leaders in the Teso sub-region have dragged Soroti Catholic Diocese to Court of Appeal over a disputed customary piece of land located in Obur and Ajonai villages in Orungo county, Amuria District.
In their notice of appeal filed to the Court of Appeal Registry, members of the Imoratok clan expressed their dissatisfaction with the decision of High Court Judge, Henry Peter Adonyo, delivered in the case they failed against Amuria District Land Board, Fr Joseph Ipurale Ocom and registered trustees of Soroti Catholic Diocese.
Case
Aleu Mark, Egaru Richard Odongo Thomas, Eculu Vincent, Anoku Alex and Ekeu Joseph, in 2014 dragged Amuria District Land Board, Fr Joseph Ipurale and Registered Trustees of Soroti Diocese to Soroti High Court claiming that they are the customary owners of the land located at Obur village and Ajonai village, Ococia parish, Ogolai sub- county, Orungo county in Amuria District.
They asked the court to issue a permanent injunction restraining the respondents, their agents, workers and members of the general public from, Registering and granting a certificate of freehold land ownership in favour of St. Peter Canisius – Orungo.
An injunction restraining the above people from trespassing on the said land, evicts the plaintiffs from the suit, unilaterally planting survey stones on land customarily owned by plaintiffs.
However, in response to the above allegations, the respondents asked the court to dismiss the matter with costs on the ground that the plaintiffs have no cause of action against them.
“The 2nd and 3rd defendants contend that at all material times, Soroti Catholic Diocese (St Peter Canisius Catholic Church) has been the lawful and rightful owner of the suit land measuring approximately 20 acres/gardens it allotted to Ococia Girls S.S for its development since 1997. The uncle of the 1st plaintiff, the late Opoi Yuventino donated part of his land measuring 4 acres, now North West of the disputed land, to the Catholic church of St Peter Canisius,” they stated.
In his ruling delivered on 14th October 2022, Justice Henry Peter Adonyo dismissed the case on the grounds that the evidence produced was full of inconsistencies and contradictions.
“Arising from above, it is thus hereby declared that the suit land as shown from the demarcation in the map exhibit DEx.5 belongs to Soroti Catholic Diocese (St Peters Carnisius, Orungo),” he ruled.
The judge also issued a permanent injunction restraining the plaintiffs/counter-defendants and/or their authorized agents from interfering with the counterclaimants’ /defendants’ occupation, possession and enjoyment of the suit land.
Grounds for appeal
The appellants contend that the learned judge erred in fact and law when he failed to determine the Preliminary objection raised by the Appellants/Plaintiffs on the Capacity of Fr Joseph Ipurale Ocom to apply for a freehold title and surveying the audit land.
“The learned trial erred in law and fact when he failed to visit locus and delegated the same to the Registrar who didn’t hear the matter thus resulting into miscarriage of justice,” they stated, adding:
“The learned trial judge erred in law and fact when he held that the appellants had made a departure from their pleadings well as not. The learned trial judge erred in law and fact that and fact in dismissing the claims of the 5th and 6th Plaintiffs. That the plaintiffs were not the rightful owners of the suit land and decreed the same to the third party.”
They further contend that the trial judge also erred in law and fact in holding that the survey and demarcation were done lawfully since the neighbours were consulted whereas not, when he wrongly dismissed the plaintiff’s case with costs on grounds that it was legally untenable.”
They added: “The learned trial judge erred in law and fact in holding that the plaintiffs in bringing their suit, intended to use the judicial system to grab land belonging to the 3rd Defendant on a false and bogus claim.”
