Ugandan Court Dismisses Decades-Old Land Eviction Case Over Time Limit
MBALE, Uganda — The High Court in Mbale has dismissed a human rights lawsuit filed by more than 1,600 former residents of Bukwo District, who alleged they were forcibly evicted from their ancestral land on the eastern slopes of Mount Elgon in 1999. The ruling, delivered by Justice Dr. Farouk Lubega, hinges entirely on legal time limits, barring the case from proceeding.
The plaintiffs filed Civil Suit No. 55 of 2023 on August 17, 2023. They claimed the Uganda Wildlife Authority, supported by soldiers and police, removed them from their land on February 24, 1999, without compensation, resettlement, or a fair hearing. Their affidavit described the eviction as causing loss of life, property, and valuables, with suffering continuing as they remain destitute in their own country.
The government, represented by State Attorney Isaac Olucho, argued the suit was filed over 24 years after the alleged eviction, making it “out of time.” The delay, the state contended, prejudiced its defense as key officers had retired, left service, or died. The attorney emphasized that time limits ensure fairness, preventing courts from investigating “stale claims” where evidence is no longer reliable.
The residents countered that they had made several attempts to negotiate resettlement and compensation with the government before filing suit, but to no avail. They noted over 1,670 people remain without promised land. However, the court held that such negotiations do not extend statutory deadlines. It cited Supreme Court precedent stating that even during active negotiations, legal documents must be filed within prescribed periods.
Justice Lubega analyzed two key laws. The Human Rights (Enforcement) Act 2019 mandates claims be filed within 10 years. Since this law took effect in 2019, it cannot apply retroactively to 1999 violations. Furthermore, the Limitation Act Cap 290 bars land recovery actions after 12 years. Having been filed 24 years later, the suit was clearly time-barred.
The judge dismissed the case with costs to be borne by each party. “Civil Suit No. 55 of 2023 is barred by the law of limitation hence it is hereby dismissed,” he stated.
The ruling underscores a critical legal principle: while human rights violations may be enduring, claims for redress must be filed within strict statutory periods to ensure courts can adjudicate fairly on available evidence. For the evicted residents, the dismissal ends their legal pursuit for the 1999 eviction, leaving their quest for resettlement and compensation unresolved through the courts. The decision highlights the tension between addressing historic injustices and upholding procedural legal timelines.
