The High Court has ruled in favor of the National Forestry Authority (NFA), dismissing a case seeking compensation amounting to sh1.6 billion. The lawsuit was filed by the administrators of the late John Kisembo’s estate, including Luke Winyi Kisembo, Isaac Baguma Kisembo, Pheonah Kisembo, and Franco Baguma. They had alleged that their eucalyptus trees, valued at sh1.6 billion, were destroyed, and they held NFA responsible for the loss.
According to court documents, NFA had issued a permit to Kisembo on July 9, 2001, allowing him to plant, maintain, and harvest eucalyptus trees on a five-hectare piece of land in Kajjansi Central Forest Reserve. Subsequently, unknown individuals, claiming ownership of the land, cut down all the trees, resulting in significant financial loss for Kisembo.
The plaintiffs argued that NFA was aware of the encroachment and destruction of their trees but failed to take any action to address the situation. However, on September 15, 2023, Judge Musa Ssekaana dismissed the case, stating that the plaintiffs had a responsibility to protect their tree plantations and report any third-party actions to the police. The judge found no liability on the part of NFA in the matter and ordered the case to be dismissed with costs awarded to NFA.
The judge emphasized that the permit granted to the late Kisembo did not impose an obligation on NFA to protect the plaintiffs’ trees, as the condition required the plaintiffs to be responsible for the forest. Furthermore, the alleged creation of titles on a portion of the plaintiffs’ land was done by the district land board and registrar of titles, actions that were not the responsibility of NFA.
The plaintiffs’ counsel argued that the late Kisembo had a cause of action, as he still held a license to plant, maintain, and harvest trees in Kajjansi Forest Reserve. However, NFA contended that the permit had expired, and there was no evidence of an application for its renewal.
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