Authorities secure caveat on children’s park over dispute

The controversy surrounding ownership of Masaka Children’s Park has taken a new twist, with the city authorities securing a caveat on the contested piece of land.  The authorities secured the caveat on August 31. 

The disputed land, measuring 2.07 acres (about 0.837 hectares) on Plot 64-74 Elgin Street,  which was gazetted as a children’s park and was  being used by vendors until August 11, when they were relocated to the new market.

But on the night of August 12, unknown people descended on the park and fenced it with iron sheets –a move that was protested by residents and area legislators led by Kimaanya/Kabonera Municipality MP, Dr Abed Bwanika. The protesters said the land belongs to Masaka City Council.

According to a September 1 search report by Ms Jannat Nabuuma , a senior registrar of titles for the commissioner of Land registration, the leasehold register Volume 515 Folio 13 land at Elgin Road Masaka Municipality Plot 64-74 has a running lease of 99 years and 11 months issued on January 1 ,1959.

The search report also indicates that the owner of the disputed land is Masaka Town Council [currently Masaka City Council], a body incorporate under the urban authority’s ordinance registered on November 13, 1961.

The lease expiry date is December 1, 2058, implying that it (lease) still has 35 years to elapse.

“ …it is for you to satisfy yourself that this land is the property of the person [Masaka Town Council]  in whom you are interested in and not of someone else of the same name,” part of the search report reads.

Masaka City Mayor Florence Namayanja had earlier said the park land is owned by Ms Sylvia Nagujja Lutta, a member of late Kampala-based businessman Francis Kakumba’s family.  Ms Lutta allegedly obtained a freehold title on August 17, 2011. 

Residents and some leaders who are committed to fighting for the recovery of city properties, have expressed excitement following the findings of the search report. 

“We have been labouring to explain to the masses that Children’s Park land belongs to the city council. We are happy that the truth has finally come out,” Ms Juliet Kakande, the Masaka City Woman legislator, said last week.

Mr Steven Lukyamuzi , the mayor of Kimaanya /Kabonera Municipality,  said: “I knew the process followed to allocate that land to a private developer was irregular because I was the municipal speaker at that time and we never authorised such a transaction.” 

Ms Zahara Nalubyayi , a councillor representing Kimaanya Ward at  Masaka City Council, said: “We are now going to shift our focus to other city council properties with forged land titles so that we can repossess them,” she added. 

Angry city residents last week stormed the Children’s Park and pulled down the fence erected by Ms Luttu’s agents.

On Friday, Ms Lutta secured an interim order from Masaka High Court restraining the city authorities from accessing the park land until the main suit she filed in court challenging the repossession of the land by the city council is disposed of. The matter will come up for a hearing on September 18.