Customary Landowner Lodge Complaint with the Ombudsman Commission as a Last Resort for Alleged Non-Payment of Land Usage Fees against a Government Department

In 2022, an urban government department hired a contractor to dispose of waste from a public latrine at a designated public dump site. The contractor approached a customary landowner to use a sinkhole deemed suitable for waste disposal on her property.

The contractor and the landowner agreed on a rate of K400.00 per load for eleven (11) eleven loads of waste disposed of at the site. The contractor would pay K4,400.00 for the 11 loads of waste disposed of at the site.

However, after the contractor received payment from the urban government department, the contractor failed to pay the agreed amount of K4 400.00 to the landowner. Instead, the contractor informed the landowner that it was unable to pay her because the urban government department had underpaid its claim. As a result, the contractor advised the landowner to submit her claim directly to the urban government department.

The landowner subsequently lodged an invoice for K4 400.00 with the urban government department and followed up on the matter. The urban government department paid K1,100.00 to the landowner however the landowner insisted that the urban government department pay the remaining balance of K3,300.00.

After repeated unsuccessful follow-up attempts, the landowner approached the Commission as a last resort to seek redress.

The Commission commenced necessary investigations and escalated the matter with the urban government department. The Commission also served its notice under the Organic Law of the Ombudsman Commission to the relevant department concerned.  Following further dialogues, a resolution was reached whereby the urban government department agreed to pay the landowner K3, 300.00 as the final payment to resolve the matter.

The landowner expressed great gratitude to the Commission for its assistance in resolving the matter.

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