The High Court in Kampala has quashed a resolution made by Kampala Capital City Authority (KCCA) to cancel the freehold interest of The Registered Trustees of Shree Sanatan Dharma Mandal in a property housing Bat Valley Primary School.
The decision issued on Friday by the Civil Division Judge Musa Ssekaana arises from a successful application filed by the Registered Trustees of Shree Sanatan Dharma Mandal, a religious and charitable organization against KCCA.
The records before the Court indicate that the Registered Trustees of Shree Sanatan Dharma Mandal (SSDM) has been the registered proprietor of the property housing Bat Valley Primary School since 2012 and a lessee since 1938. The records further show that the school, located on Plot 110 William Street in Kampala, has been a vital educational institution in the community.
Court heard that the school is a Government Grant-Aided institution but owned, founded and seated on part of the Trustees’ land and that the school is governed by a School Management Committee comprising of nine members, five of whom were appointed by the Trustees while four were appointed KCCA to represent the interests of the parents.
The Trustees told Court that they had presented a proposal to redevelop the school including constructing new structures and further utilizing the property for a secondary school and a teaching hospital, and that this redevelopment plan had been approved by both the School Management Committee and the KCCA’s Central Division Council.
However on December 18th 2023, KCCA passed a resolution and directed the Kampala District Land Board to cancel the Trustees freehold interest in the property and halting the school’s redevelopment plans, which had already been approved by the School Management Committee and the Central Division Council.
Court heard that KCCA also reversed the collection of rent from the property, directing that rent be paid to it (KCCA) instead, and that these actions were taken without prior consultation with the Trustees.
However, the Trustees argued that KCCA’s actions were unlawful, exceeded their authority, and violated their constitutional rights.
The Trustees further contended that KCCA’s decision was procedurally improper, as they were not given a fair hearing before the resolution was made. They asked the Court to set aside the resolution.
On its part, KCCA argued that it directed its legal team to pursue legal measures to ensure the school is returned to KCCA, including setting aside the Kampala District Land Board order and the consent judgment entered previously.
KCCA claimed that the cancellation was based on the Auditor General’s recommendation, citing irregularities in the allocation of the land, citing his 2016 report that the Trustees had proposed relocating the school; that Parents petitioned the government, requesting that the lease for the Registered Trustees of SSDM not be renewed and that KCCA refund the money paid by the trustees. The petition also emphasized that Bat Valley should remain a public UPE school at its current site and that the government should renovate the school. Furthermore, it called for all city schools to be preserved from relocation, and alternative land should be provided for the Trustees’ investment, aligning with the Auditor General’s recommendations.
However a 2015 Parliamentary Select Committee found Bat Valley Primary School was established by the SSDM family in 1938 and later taken over by the government following the 1972 expulsion of Asians. The committee upheld that the school was never declared expropriated property and it was repossessed, continuing to function as a UPE school.
According to the Court records, the Select Committee in its findings, referenced earlier recommendations from a 2008 Parliamentary Committee on Social Services that the government should terminate SSDM’s lease and refund their payment.
KCCA further argued that under its mandate for physical planning and development control, it exercises oversight over primary schools in Kampala, including Bat Valley, as provided by the Kampala Capital City Act, 2010.
In his decision, Justice Musa Ssekaana said that the redevelopment had already been approved by the School Management Committee and the Central Division Council, and it aimed to improve the school’s facilities. However he found that by KCCA stopping this approved project without a clear and logical reason made its decision unreasonable.
He said the decision was oppressive because it subjected the complainant to an excessive hardship or unnecessarily onerous infringement of his rights or interests.
“The respondent’s /KCCA actions were not only procedurally improper but also wentbeyond its powers under the Kampala Capital City Act, making the decision illegal and irrational,”said Ssekaana”, adding that KCCA did not consult or involve the applicant/Trustees in discussions about the school’s redevelopment or rent collection which he said clearly breached the fairness required in these matters.
He noted that the Trustees’ right to be treated justly and fairly was ignored, making the KCCA’s decision procedurally improper.
As a consequence of this illegality, the Judge set aside the resolution and ordered them to account for and refund all monies collected during the illegal takeover. The Trustees was also awarded costs.
Kampala has in the recent past witnessed the loss of several public schools including Shimoni Demonstration School, Kyaggwe Road Primary, and Muslim Girls’ School and replaced by commercial buildings, leaving fewer educational options for the city’s growing population.
For instance, Kyaggwe Road Primary, established in the 1970s, was sold to the Mukwano Group of Companies, while Shimoni Demonstration School, once Kampala’s largest, was relocated to Wakiso to make way for a hotel project assigned to Saudi Arabian Alwaleed bin Talal Alsaud.
Years after Shimoni’s relocation, Kingdom Holdings ultimately did not proceed with the investment, leading to a protracted saga. Eventually, the land was acquired by city tycoon Sudhir Ruparelia, who has since developed it into a commercial complex known as Kingdom Kampala.
In 2018, there was a proposal to demolish Kasubi Family Primary School to create a market for vendors displaced by the redevelopment of Kasubi Road Junction. This plan, however, was blocked by political leaders, preserving the school. Many schools have lost parts of their land in questionable transactions, limiting their space for expansion or extracurricular activities.
A Ministry of Education report has since indicated that more than 85 public schools nationwide are under threat, with their land encroached upon or reallocated to private developers. The situation is particularly dire for the 12 public schools located in Kampala Central, facing the most significant threats.urn
