26/04/2025
Court declares 2020 Ndeeba church demolition illegal.
The church was demolished in 2020
The Court of Appeal has declared the August 2020 demolition of St Peter’s Church in Ndeeba, Kampala, illegal and halted the Shs 3.8 billion payout to businessman Dodoviko Mwanje.
In a unanimous ruling, justices Irene Mulyagonja, Oscar Kihika, and Moses Kazibwe Kawumi set aside the eviction and demolition, citing procedural irregularities, overturning previous ex*****on orders that had authorised the eviction of the church by Spear Link Auctioneers and Bailiffs.
“The ex*****on that was lived against the occupants of the land… was illegal and is hereby set aside,” ruled Justice Mulyagonja, who delivered the lead judgment.
The church was demolished in the early hours of August 9, 2020, by court bailiffs acting on behalf of businessman Dodoviko Mwanje of Ephraim Enterprises, triggering public outrage and condemnation from religious and community leaders.
The demolition followed a decades-long land ownership dispute involving the estate of the late Princess Evelyn Nachwa of the Buganda Kingdom, representatives of St. Peter’s Church, and the estate of the late Bishop Danistan Nsubuga.
The High court had earlier ruled in favour of Mwanje, based on claims that the land was fraudulently registered in the names of Bishop Danistan Nsubuga, Rev. Yuda Kitaka, and Esau Kizito, and ordered the church to vacate.
However, in the aftermath of the demolition, then principal judge Flavian Zeija overturned the High court ruling, citing the need for a fresh hearing. He reopened the dispute and directed that a retrial be conducted.
The administrators of princess Nachwa’s estate, aligned with Mwanje, appealed the principal judge’s decision. But the Court of Appeal upheld Zeija’s orders and dismissed the appeal.
Justice Oscar Kihika emphasized that the retrial must proceed based on the status quo prior to the original judgment and that any issues related to the subsequent sale of the land to Ephraim Enterprises should be handled in a separate case.
The case now returns to the High court for a full hearing involving all relevant parties, including representatives of the late Rev. Kitaka and Bishop Nsubuga, who were previously excluded from the proceedings.
The appellate court also ruled that the current status of the land remain unchanged. The Church, which has erected temporary structures on the site, will maintain possession until the High court concludes the retrial.
In a significant development, the court also issued an injunction barring the Attorney General from compensating Mwanje’s company, Ephraim Enterprises Ltd, with the Shs 3.8 billion earlier approved by parliament.
The controversial compensation was first proposed in February 2021 through a supplementary budget following public outcry over the church’s demolition. Despite initial resistance, it was later approved by an ad hoc parliamentary committee on land compensation chaired by Veronica Eragu Bichetero.
Lucy Nsubuga, widow of Bishop Danistan Nsubuga, has since petitioned the court to halt any compensation, arguing that the matter remains under legal challenge. Meanwhile, Mwanje and 18 others continue to face criminal charges before the Anti-Corruption court for alleged theft of church property worth over Shs 850 million and conspiracy to demolish the church.
