Justice Kania’s Land Case Goes For Out Of Court Settlement Opportunity
Justice Rosette Comfort Kania shares a light moment with a relative at Arua High Court shortly after the adjournment in January this year
ARUA. The case in which Rosette Comfort Kania, a High Court Judge, dragged a section of locals of Biacici village, Yachi Parish, Ogoko Sub County in Madi Okollo district to court for refusing to pave way for her to claim full ownership of the land she bought in the area, is heading for an opportunity of out of court settlement.
The development was on Wednesday, April 23, 2025, revealed by Samuel Ondoma of Alaka and Company Advocate, the lawyer representing the locals.
The revelation was after a meeting held by the two parties in trying to explore chances of settling the matter on their own.
“I’m glad to report that today we were able to have a meeting this morning where we had a lot of discussions and the discussions are cordial; they are moving in the right direction. My expectation is that this matter will be settled and then we get a lasting solution to this issue,” Ondoma told journalists who followed up the matter in his office.
Earlier on Tuesday, January 21, 2025, Hon. Lady Justice Harriet Grace Magala, the Arua High Court Judge issued summons to Augustine Asea, the second counter defendant in the case filed by Justice Kania, to appear in court on April 22, 2025 in person.
However, the hearing didn’t take place because the Judge was for leave; besides, Asea had passed on before the scheduled date.
“Unfortunately, the case couldn’t take off because the trial Judge is on leave, then secondly, one of the parties in the case, that is Asea Agustine who is the first counter claimant is also deceased. He died about three weeks ago, so the legal representatives to represent his estates are not yet there,” Ondoma explained.
Justice Kania bought the contested land measuring 167.5098 Hectares (about 413 acres) in Biacici village from Asea whom the locals have since accused of obtaining the community land title fraudulently.
Left with no other option after denying her possession of the said land, Justice Kania was forced to file a case at Arua High Court as civil suit number 19 of 2023.
But the case which was supposed to come up for hearing yesterday couldn’t proceed because Asea passed on.
Now Ondoma said the parties believe that the best solution to the problem is to give a chance for an out of court settlement.
“A court judgement is one thing but you taking possession and enjoying your land is another thing. This land is in a village where the community members are interested in this case because they are the people whose lands are included in the certificate of title. So, even if judgement comes out, it may not, in my view, fully settle this matter,” Ondoma said.
He added that: “The best is for the parties to sit down, be honest, be objective and iron out the issues because the issue is if the title is there, does the title include the land of other people, yes or no? How did they acquire this title, who were the people who sold the land?”
As a result, Ondoma said they agreed in the meeting that before they proceed any further, both parties should get surveyors who can reopen the borders of the land.
“And once the borders are reopened, they identify the land of other people, they locate the mark stones and they locate the coordinates. From there, then the parties can now, with the assistance of the lawyers, forge a way forward to get a lasting solution to the problem,” Ondoma stated.