In a landmark ruling, Uganda’s High Court has ordered Kampala Capital City Authority (KCCA) to refund rent money it collected from a private school property, deeming the collection both unauthorized and illegal.
This decision followed an intense legal battle involving the Registered Trustees of Shree Sanatan Dharma Mandal (SSDM), the owners of Bat Valley Primary School’s land, who argued that KCCA had overstepped its authority by claiming control over the property and halting a redevelopment project aimed at improving the school’s facilities.
The conflict traces back to December 2023, when KCCA passed a controversial resolution that effectively seized control of the property at Plot 110 William Street, where Bat Valley Primary School operates. KCCA’s resolution ordered the Kampala District Land Board to cancel SSDM’s freehold title to the land, halted a planned expansion project, and redirected rent from tenants on the property to KCCA.
This series of actions led SSDM to file for judicial review, contending that KCCA’s interference was an overreach of its legal powers and that it had no legitimate authority to manage the property or collect rent on it.
During court proceedings, SSDM’s legal team argued that the school and its property were rightfully owned and managed by SSDM, with a freehold title established in 2012. SSDM had held the property in some capacity since 1938, transforming it from leasehold to freehold over decades of ownership. The High Court Judge, Hon. Justice Ssekaana Musa, agreed with SSDM, ruling that KCCA had acted “ultra vires”—or beyond its legal powers—by attempting to cancel SSDM’s freehold title and assume control over rent payments.
Justice Ssekaana highlighted that the authority to cancel a property title lies solely with the High Court or the Commissioner for Land Registration. KCCA’s move, he concluded, was illegal and, therefore, null and void. Additionally, he emphasized that Bat Valley Primary School, though government-aided, remains under SSDM’s ownership and management, with SSDM having obtained necessary approvals for its redevelopment plans from the school’s management committee and KCCA’s own Central Division Council.
The court also found that KCCA had deprived SSDM of its right to a fair hearing before executing the December 2023 resolution. This lack of procedural fairness, the court noted, violated SSDM’s constitutional rights, which guarantee just treatment before any administrative action. This procedural impropriety, combined with KCCA’s unauthorized interference, underscored the need for judicial correction.
The ruling ordered KCCA to refund SSDM all rent collected during the disputed period, restoring the authority of SSDM over both the property and its income. The decision was hailed as a victory for private property rights in Uganda, underscoring that administrative bodies must act within the bounds of the law and cannot encroach upon private ownership without due process and legal authority.
This case highlights the critical importance of clear governance boundaries for administrative entities, especially concerning property rights and revenue collection. By ordering the refund, the court not only corrected an overreach by KCCA but also set a precedent affirming the protection of private property against arbitrary government action. As Kampala’s development continues, the ruling serves as a cautionary reminder that lawful process and respect for private ownership must remain cornerstones of civic administration.
