Kampala, Uganda.
The High Court in Kampala has issued an injunction against a one Karimu Matovu and three others restraining them from encroaching on a forest measuring approximately 10007 acres at Kyamutete village, Kitwala parish, Kyankwanzi District. The National Forestry Authority (NFA) had petitioned the court to halt the takeover of the land by residents who among other activities were destroying the forests t carry out agricultural activities.
While delivering the ruling, Justice Moses Kazibwe Kawumi observed that;
“The flora and fauna NFA seek to protect cannot be easily replaced or atoned for damages incalculable as in a normal suit. It is crucial to note that public funds are expended for the public good in the management of forest reserve and court cannot injunct the Authority for performing its statutory functions under the National Forestry and Tree Planting Act,” Justice Kazibwe said.
Karimu Matovu one of the claimants alleges that the land belongs to him and three other administrators of the estate of their deceased relatives. He claims that the land was formerly owned by Emmanuel Nsamba who left 86 beneficiaries. He further alleges the land in question has never formed part of a forest reserve. NFA on its part claims that Matovu and his cohorts have encroached on the forest reserve since 2013 by carrying out destructive activities.
The judge directed that any purported extension of farming or any other activities in the areas controlled by NFA should be restricted and culprits handled within the law. He fixed the main case on August 7, 2023, for a hearing.
