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Gov’t cancels three titles on Makerere university land

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Government has cancelled three titles awarded to Buganda Kingdom Princess, Faridah Namusisi Naluwembe Namirembe alias Bwanga Bwamirembe on Makerere University land.   The titles are for plots 14 and 45 on block 253 Kyadondo in Nakinyuguzi Zone and Plot 261 at Lukuli zone all, in Makindye division in Kampala. The land measures 14 acres.

Robert Opio, the acting Commissioner Land Registration in the Lands, Housing and Urban Development Ministry has confirmed the cancellation of the said land titles, saying they were issued erroneously.  Opio says the certificates of title were issued in violation of the terms of the August 30, 2013 temporally injunction issued by High Court, which ordered the status quo over the land be maintained.

pursuant to the provisions of Section 73 of the Registration of Titles Act (Cap. 230), you are hereby required to send to the office of Titles the Duplicate Certificates of title comprising of Kyadondo Block 253 Plots 14, 45 and 261 in your possession for cancellation within seven (7) days from the date of service on you of this notice,” says Opio in his January 28th 2020 letter to Princes Namusisi Faridah.

Government has also ordered the Commissioner, Surveys and Mapping/ Senior Staff Surveyor of the Kampala Capital City Authority (KCCA) Ministry Zonal Office to cancel and all the subdivisions of the contested plots, and reinstate the survey record for Freehold Register Volume 52 Folio 25.

This comes a few days after Makerere University placed a caveat emptor on the land warning members of the public not to make payments or engage with any such entities or their agents or proxies on the said land, lest their transactions become void.

On Friday January 24th, Makerere University Council Secretary, Yusuf Kiranda petitioned the commissioner Land registration requesting for the cancellation of the contested land titles. In his petition, Kiranda indicated that Makerere University has owned the land in question since September 26th 1938 and acquired a freehold title over it in 1955.

He accused Naluwembe of fraudulently obtaining Mailo certificates for the contested land, which she superimposed on the university land with help of officers in lands registry.  “The purpose of this letter is, therefore, to formally lodge a complaint with your office and to request for your urgent intervention by investigating this fraud and causing the cancellation of the forged titles as well as the arrest and prosecution of the perpetrators,” Kiranda said in his petition to Lands Ministry.

A similar petition was served to the Director Land Protection Unit in the Uganda Police Force seeking the urgent intervention of the Force.

Background

Makerere university records show that Bwanga laid claim on the contested land in 2013 and forcefully accessed it with the help of heavily armed police from the Very Important Person Protection Unit-VIPPU.

She reportedly went to the land again on April 26, 2013 with her police guards and cut down trees, demolished university houses and uprooted the fence and concrete boundary pillars. As a result, Makerere University filed a case of criminal trespass against Bwanga at Katwe Police Station vide reference no. 88/29/04/2013.

The Makindye Deputy Resident City Commissioner convened a meeting on May 8th, 2013, involving the warring parties and directed Bwanga to stop all activities on the contested land in vain. Bwanga claimed that she was acting on behalf of Buganda Kingdom.

Some of those who attended the meeting included former Police Spokesperson, the late Andrew Felix Kaweesi, the Kawempe and Wandegeya Divisional Police Commanders and officers from the Internal Security Organisation. On October 31st, 2013, Apollo Makubuya, Buganda’s Justice and Constitutional Affairs Minister wrote to M/s Kateera and Kagumire Advocates, the external lawyers of Makerere University distancing the Kingdom from Bwanga’s actions.

“She (Bwanga) doesn’t represent or act for the Kingdom,” said Makubuya in his letter.  In 2017, Makerere University turned to the Justice Catherine Bamugemereire Commission to investigate its feud with Bwanga. It is not clear whether the land probe ever investigated the matter.

Source: URN

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PETITIONS

Complaint against unprofessional conduct of the DPC Kiryandongo district for aiding and abetting land grabbing in kiryandongo district.

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The Commandant,

Professional Standards Unit, Uganda Police-Kampala.

Dear Sir/Madam;

RE: COMPLAINT AGAINST UNPROFESSIONAL CONDUCT OF THE DPC KIRYANDONGO DISTRICT FOR AIDING AND ABETTING LAND GRABBING IN NYAMUTENDE KITWARA PARISH KIRYANDONGO DISTRICT AND CARRYING OUT ILLEGAL ARRESTS AND DETENTION OF INNOCENT RESIDENTS/ BIBANJA OWNERS FOR PROTESTING AGAINST THE ILLEGAL EVICTION FROM THEIR LAND.

We act for and behalf of the Lawful and bonafide occupants of Land described as LRV MAS 2 FOLIO 8 BLOCK 8 PLOT 22 (FORMERLY KNOWN AS RANCH 22).

Our Clients are residents of Nyamutende Village, Kitwara Parish in Kiryandongo District where they have lived for more than 30 years and sometime in 2017, they applied for a lease of the said Land to Kiryandongo District Land Board through the Directorate of Land Matters State House.

As they were still awaiting their Application to be processed, they were shocked to establish that the said land had been instead leased to and registered in the names of Isingoma Julius, Mwesige Simon, John Musokota William, Tumusiime Gerald, Wabwire Messener Gabriel, Ocema Richard and Wilson Shikhama, some of whom were not known to the Complainants. A copy of the Search is attached hereto

Our clients protested the above action and appealed to relevant offices, but were shocked to discover that the above persons had gone ahead and sold the same to a one Maseruka Robert.

Aggrieved by these actions, the Complainants appealed to the RDC who advised them to institute proceedings against the said persons, and assigned them a one Mbabazi Samuel to assist them to that effect. The said Mbabazi accordingly filed Civil Suit Noa 46 of 2019 against tne said registered proprietors at Masindi High Court challenging the illegal and fraudulent registration, sale and transfer of the subject land to Maseruka Robert.

While awaiting the progress of the case mentioned hereinabove, the Complainants were surprised to find that the said Mbabazi, instead of assisting them, he went into a consent settling the said suit on their behalf without their knowledge or consent. A copy of the Consent is attached hereto.

Among the terms of the said consent Judgment was that the residents would be compensated without specifying how much and would in return vacate the Land.

As if that was not enough, Maseruka Robert and Mbabazi Samuel are going ahead to execute the said Consent Judgment by forcefully evicting the occupants without compensation which has prompted the complainants to challenge the said Consent by applying for its review and setting aside at Masindi High Court which is coming up for hearing on the 29th March 2023. A copy of the Application is attached hereto.

Sensing the imminent threat of eviction, we also filed an application for interim stay of execution of the said consent to avoid rendering their application for review nugatory but unfortunately the same could not be heard on the date it was fixed for hearing (6th February 2023). A copy of the Application is attached hereto

On Thursday last week, three tractors being operated by 6 workers of a one Mbabazi Samuel [the very person who had been entrusted to represent our Clients to secure their Land through Civil Suit No.46 of 2019] encroached close to 50 acres of our Clients’ land and started ploughing it but our Client’s protested and chased them away.

We have however been shocked to receive information from our Clients that on Sunday at Mid night, 3 police patrols invaded the community in the night and arrested community members; Mulenje Jack, Steven Kagyenji, Mulekwa David, Ntambala Geoffrey, Tumukunde Isaac 15 years, Kanunu Innocent, Mukombozi Frank, Kuzara, Rwamunyankole Enock, and took them to Kiryandongo Police Station where they are currently detained.

We strongly protest the illegal arrests and detention of our Clients as this is a carefully orchestrated land grabbing scheme by Maseruka Robert and Mbabazi Samuel who are  receiving support from the DPC Kiryandongo.

The purpose of this Letter therefore is to request your good office to investigate the misconduct, abuse of office and unprofessionalism of the said DPC Kiryandongo District and all his involvement in the land grabbing schemes on land formerly known as Ranch 22.

Looking forward to your urgent intervention,

C.C The Head Police Land Protection Unit Police Head Quarters Naguru

CC The RDC Kiryandongo District

CC The Chairman LCVKityadongo District

CC The Regional Police CommanderAlbertine Region

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WITNESS RADIO MILESTONES

The Executive Director of Witness Radio Uganda talks about the role played by Witness Radio in protecting communities affected by large-scale agribusinesses in Kiryandongo district in an interview with the ILC.

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WITNESS RADIO MILESTONES

Witness Radio Uganda wins the best CSO land rights defenders award at the National Land Forum Awards.

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By Witness Radio Team

Uganda’s leading land and environmental rights watchdog, Witness Radio has been awarded the best CSO land rights defender award 2022 in the recently concluded National Land Forum Awards held last week at Mestil hotel in Kampala.

Witness Radio’s executive Director, Jeff Wokulira Ssebaggala attributed the award to the community land and environmental rights defenders who stand up against the intimidation and different forms of harassment from land grabbers (economically powerful and politically connected companies and individual investors).

“This is an award for defenders at a community level. They work in very deadly environments filled with harassment, torture, death threats, arrest, trumped-up charges, and kidnaps among others to advocate for community land and environment rights. This is happening at a spate where criminalization and silencing of  community land rights defenders are at increase.” Jeff added.

The award has come at a time when hundreds of Ugandans in different parts of the country are accessing services provided by the organization ranging from legal service provisions, non-judicial mechanism engagements, empowerment to help them understand their rights, and using the same knowledge to use the same skills to push back against illegal and forced evictions

The chairman of the organizing committee of the second National Land Forum, Mr. Jimmy Ochom noted some progress on legislation in Uganda’s land Governance. He cited growing inequalities on land where the poor are more vulnerable.

During awards, the state minister for housing, Hon persis Namuganza revealed that the government approved the plan for 2018-2040 that maps the land use in the country.

According to the minister, the government had identified land for settlement, game reserves, wildlife, arable land for farming, and water bodies among others in the plan which she said was passed a few weeks ago.

The event was organized by Oxfam and partners and provided a platform for discussions by the different actors in the land sector on issues around land governance, including land rights, land administration, and land governance for improved collaboration, cooperation between the actors, and improved land service delivery for Ugandans under a theme “Taking stock of the National Land Policy in addressing Land inequality in addressing Land inequality in Uganda.”

Other categories of awards that were won by different organizations and individuals including Mr. Eddie Nsamba-Gayiiya for his contribution to research on land rights, Justice Centers Uganda for Promoting Access to Land Justice, and Mr. Henry Harrison Irumba for Championing Legal Reforms among others.

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