Date with justice: Busamba land dispute set for hearing
Residents affected by the dispute over the 1,044 acre piece of land in Ngondwe Village, Wakiso District, in July. Photo | Busein Samilu
What you need to know:
The grandchildren of the late Gabudyeri Lubajja are fighting over ownership of the 1,044-acre piece of land.
The Family Division of the High Court in Kampala has scheduled September 17 as the start date for the hearing of a land dispute involving 1,044 acres which cut across the three villages of Busamba, Kinyika-Gayaza and Ngondwe-Kanziro in Wakiso District.
The case involves two factions of the grandchildren of the late Gabudyeri Lubajja, the original owner of the land. One faction is led by administrators Mr Richard Ssemitala and Mr Eustarious Ssegantebuka, while the other is led by Ms Josephine Mpamulungi and Ms Teddy Namusoke.
The dispute stems from a lawsuit filed on March 13, 2023, by Ms Mpamulungi and Ms Namusoke, accusing Ssemitala and Ssegantebuka of fraudulently obtaining letters of administration.
The plaintiffs also allege that the administrators brought a land dealer and other individuals onto the land. According to the suit, the administrators reportedly compensated the land dealer with 150 acres of land for her surveying services and sold portions to 27 others, who are involved in a separate legal battle.
Although the lawsuit was filed in March, it has yet to be heard. Earlier this year, the court directed both parties to file a joint memorandum of understanding and submit witness evidence by March 26.
In an August 22 hearing notice and signed by the deputy court registrar, the parties have been instructed to appear in court on September 17.
“Take notice that the hearing of this case has been fixed for the 17th day of September 2024 at 11am, or soon thereafter as the case may be heard in this court. If no appearance is made on your behalf, either by yourself, your pleader, or someone authorised by law to act for you, the case may be heard in your absence,” the notice reads in part.
Mr Mathias Mulumba, the lawyer representing Ms Mpamulungi’s side, welcomed the development, stating, “It’s good that the long-protracted case is finally set for hearing. After numerous applications arising from this main suit, we hope for a swift hearing so that justice is delivered.”
Comment
Efforts to reach Mr Ssemitala and Ms Ssegantebuka for comment were unsuccessful as their known phone numbers were switched off.
However, while responding to a related case in November 2023, Mr Ssegantebuka defended his actions, saying the land had been subdivided for distribution to the beneficiaries.
He described Ms Nakato and others as bona fide purchasers without knowledge of any fraud, arguing that the plaintiffs are wasting time with a baseless case.
“As administrators of the estate, we have the authority to dispose of estate property, provided each beneficiary receives their rightful share, which has been done in this case,” Mr Ssegantebuka said.
