DPP petitioned to  halt trial of suspects  in NSSF land conflict

The office of the Director of Public Prosecutions (ODPP), has been petitioned to halt the ongoing criminal trial of the five people accused of uttering false documents and obtaining money by false pretence in connection with the disputed National Social Security Fund (NSSF) land at Lubowa.

In a November 7 letter to the DPP, Jane France Abodo, the family of late Prince Suuna Kiweewa led by Abdulatiff Nakalaali, contends that there is a pending judicial review application concerning ownership of the disputed land before the Civil Division of the High Court which needs to be first determined.

“…And also request you to stay the proceedings in court of a case file No. 1524/23 to allow for the conclusion of the judicial review in civil Division of the High Court Vide: Civil Misc cause no. 132 of 2021 against the Attorney General and Commissioner Land Registration,” the petition to the DPP reads in part.

“The application is seeking the completion of the titling process which had been commissioned by the Land ministry but stopped,” it adds.
The land in question is in Kyadondo block 269, plots 3234, 3236, 3237, 3238, 3239 and 3240 at Lubowa in Wakiso District.
NSSF is holding the freehold titles with succession in title emanating from crown land grant number 9854 of approximately 834.6 acres where the original grantee was Captain Hill in 1911 and crown land grant number 8843 in respect of land described as Lweza, Lubowa and Naziba of approximately 708.8 acres where the original owner was a one Mr Ormsby.
Documents filed in court indicate that NSSF purchased the 565 acres of land at Lubowa in 2003 to develop a housing estate comprising 2,741 housing units and related amenities.

The accused in the criminal matter before Makindye Chief Magistrates’ Court are Mr Lubowa Kityo, Mr Moses Bogere, Mr Shaban Kawooya, Ms Betty Namanya, and Ms Daphine Nakanwagi.
But in their application before the Civil Division of the High Court, the family of Suuna is seeking an order compelling the Commissioner of Land Registration to complete the titling process of the land which they claim had been commissioned by the Land ministry.

In the letter, Mr Nakalaali argues that the land was fraudulently migrated from a private mailo land tenure system to freehold in 1906 and 1911 without following the due legal process.
Efforts to reach out to Ms Jacquelyn Okui, the spokesperson of the office of the DPP were futile by press time, however, the stamp on the petition to the DPP shows that the same petition was received and stamped on November 8.