The High Court has overturned a Kampala Capital City Authority (KCCA) resolution that sought to cancel the freehold interest of the registered trustees of Shree Sanatan Dharma Mandal (SSDM) for a property that houses Bat Valley Primary School.

SSDM, a religious and charitable organisation, had taken legal action against KCCA, contending that it has been the registered proprietor of the property since 2012, with a leasing arrangement dating back to 1938. The government grant-aided school is located on Plot 110, William Street, Kampala.

In court, SSDM argued that it had previously presented a redevelopment proposal, which included constructing new facilities and expanding the site’s use to include a secondary school and teaching hospital. This plan, SSDM claimed, had received approval from both the school’s management committee and the KCCA’s Central Division Council.

However, in December 2023, KCCA directed the Kampala District Land Board to cancel SSDM’s freehold interest, halting redevelopment and reassigning the property’s rent collection to itself.

SSDM argued that KCCA’s actions were unlawful, procedurally improper, and taken without consultation, violating their constitutional rights.

KCCA, for its part, asserted that its decision followed recommendations from the Auditor General’s report, which raised concerns about irregularities in the land’s allocation. The report cited parental concerns over potential relocation plans and recommended that Bat Valley Primary School remain a government-funded institution on its current site, with renovations funded by the government.

The court further reviewed findings from a 2015 parliamentary select committee, which determined that Bat Valley Primary School, established by SSDM in 1938, was never declared expropriated property despite the expulsion of Asians in 1972.

The committee upheld SSDM’s ownership, noting that the school continues to operate as a Universal Primary Education (UPE) institution.

In his ruling, Justice Musa Ssekaana found that KCCA’s actions were procedurally improper and overstepped its authority under the Kampala Capital City Act.

“KCCA’s decision to halt the redevelopment project, which had been approved, was unreasonable and oppressive, lacking clear rationale,” Ssekaana noted.

He criticised KCCA’s failure to involve SSDM in discussions about rent collection and redevelopment, underscoring the importance of procedural fairness.

The judge set aside KCCA’s resolution, ordering the authority to refund all monies collected during the contested period and awarding costs to the trustees. Justice Ssekaana concluded that KCCA’s actions had unjustly infringed upon SSDM’s rights and interests.

This decision arrives amidst growing concerns over the loss of public school land in Kampala, as sites, once dedicated to education, have increasingly been repurposed for commercial ventures.

Past cases include the relocation of Shimoni Demonstration School and the sale of Kyaggwe Road Primary School land, which has restricted access to education for the city’s expanding population.

A Ministry of Education report highlights that over 85 public schools nationwide face similar risks, with 12 in Kampala Central particularly vulnerable to land encroachment or reallocation.

The High Court’s ruling reaffirms the rights of longstanding property owners and underscores the need for transparency in decisions impacting public institutions.