High Court Restrains Arua Catholic Diocese from Interfering with Happy Day School Property
ARUA: The High Court in Arua has issued an order restraining the Arua Catholic Diocese from interfering with any property belonging to Pontious Afayo Nuffiason, the proprietor of Happy Day Nursery and Primary School.
The directive follows reports that the Catholic Church leadership in Arua had planned to evict the school, claiming ownership of the land on which it is located in Ediofe, Ayivu Division, Arua City.
The dispute stems from a judgment delivered on April 29, 2025, by His Worship George Obong, the then Arua Chief Magistrate, who ruled in favor of the Arua Catholic Diocese in a land dispute registered as Land Civil Suit No. 0025 of 2016. The case, ongoing for nearly a decade, involves a contest between Afayo and the registered trustees of the Arua Catholic Diocese.
However, Afayo appealed the magistrate’s ruling, arguing that His Worship Obong erred in law and fact by failing to properly evaluate evidence regarding the acquisition and ownership of the disputed land. Afayo, who purchased the land 30 years ago, filed the appeal through his lawyer, Samuel Ondoma of Alaka and Co. Advocates, on May 12, 2025, under Civil Appeal No. 031 of 2025.
“The Learned Trial Chief Magistrate erred in law and fact by failing to judiciously evaluate the plaintiff’s/respondent’s evidence on record concerning the proof of acquisition and ownership of the suit land, wrongly concluding that the plaintiff/respondent is the lawful owner,” the appeal stated in part.
It further argued, “The Learned Trial Chief Magistrate erred in law and fact by failing to properly evaluate evidence of the appellant’s/defendant’s possession and developments on the suit land, wrongly deeming the appellant/defendant a trespasser.”
In his appeal, Afayo urged the High Court to overturn the lower court’s judgment and declare him the rightful owner of the land.
On August 18, 2025, His Worship Paul Matyama, Assistant Registrar of the High Court in Arua, issued an order staying the execution of the lower court’s judgment, decree, and orders in Civil Suit No. 0025 of 2016. The court stated, “An order of stay of execution in Miscellaneous Application No. 0046 of 2025 is hereby granted, halting the execution of the judgment, decree, and orders of the lower court pending the determination of High Court Civil Appeal No. 0031 of 2025.”
Afayo welcomed the High Court’s decision, expressing confidence in presenting evidence during the appeal to prove his ownership of the land. Pointing to tree stumps marking the boundary between his land and that of the diocese, Afayo noted that members of the community from whom he purchased the land are prepared to testify in court.
Arua Albino, chairperson of the Andruvu, Komite, and Oruvu community, which leased land to the Arua Catholic Diocese in 1921, confirmed that the boundary between Afayo’s land and the diocese is clear and that the community is ready to provide testimony in court to support this claim.
The 99-year-lease has since expired, forcing the same community to drag the Diocese to court, a case which is also awaiting judgement.
The land Arua catholic diocese claims ownership does not belong to them since it was a 99 years’ lease to Italians in the neighborhood that shares the same boundary with my land. My land is not part of the lease to Italians that expired in 2019 as the special boundary mark trees called “Laru” are visibly in the boundary line. These special boundary mark trees even exist on the map of the lease to Italians. The community is even aware of the existence of these trees in the boundary. I therefore continue to pray for justice to be done over this matter. Ugandan constitution, Land and the Succcession acts exist in this country to guide its citizens about land acquisition, ownership and administration for sanity. The judgment of the lower court never made use of this country’s supreme and other important laws therefore this appeal is made to seek justice. I thank the High Court for this important step in our struggle for justice.
This is good decision by the High Court of Arua.
The former Chief Magistrate Obong, had conflict of interest in the case as he is a relative of Bishop Sabinus Odoki.