Family seeks caveat for contested land

Five aggrieved family members have asked Lands ministry to slap a caveat on the contested family land, on Busiro Block 53, measuring 1,044.9 acres in Namayumba Sub-county, Wakiso district.

The caveat was initiated by Ms Josephine Mpamulungi on behalf of aggrieved family members through her Lawyers, M/S Mungoma Justin and Company Advocates. Ms Mpamulungi is one of the five family members who petitioned court challenging the illegal subdivision and irregular sale of the family estate in Busamba, Namayumba sub-county

According to the caveat notice dated March1,2023, the land that had been caveated include plots 375, 376, 377, 378, 379, 380, 381,382,383,384,385,386,387, 388, 389, 390, 390, 391, 392, 393, 394,394, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, and 407.  

“I do claim a beneficial interest in the said land and I therefore forbid any further transfer of the said land on any person who isn’t me until after notice of transfer has been given to me as herein after stipulated or unless the instrument is expressed t be subject to my claim or I consent thereto in writing,” the caveat notice reads in part.

It adds, “That as I appoint M/S Mungoma Justin and Company Advocates as a place at which notices and proceedings relating to this caveat may be served.”  

Mr Moses Ssekitto, the acting principal registrar of land titles in the Ministry of Lands, confirmed the caveat had been logged.

“The caveats were logged by a one Josephine Mpamulungi and they are yet to be completed, ”Mr Ssekitto said.

He said that caveat bars individuals from undertaking any transactions on the land in question.

Mr Mathias Mulumba Ssegantebuka, the acting administrator of the land in Busamba said the caveat will help protect the interests of the beneficiaries.

“In law, you can’t buy land that has encumbrances,” Mr Mulumba.                                                 Richard Ssemitala who is also said to be among the administrators of the land in question said he was less concerned about the caveat.

“I’m not bothered because I have already played my role of dividing the land among family members,” Mr Ssemitala said.

 The families of the late Lubajja have since last year been embroiled in a land conflict over ownership of the land in question, leaving over 1000 bibanja holders at the mercy  of the divided families.

The contentious Estate of late Lubajja covers Busamba, Gayaza, Kanziro, Kabuye, and Kinyika/Kiryankoko, among others villages

Recently, Mr Ssemitala confirmed to this publication (one of the administrators) that that they had allocated 150 acres of part of the contested land to Ms Nakato where bibanja holders have lived for generations.

The land was given away without informing the bibanja holders who over the years have been paying the nominal ground rent, aka busuulu.

Busuulu is one condition stipulated in the Land Act as the only condition under which a landlord can evict a kibanja holder or tenant.

“It is true that Ms Nakato has a land title for plot 388. It is not a surprise to us as a family that we allocated 150 acres of land to her. Ms Nakato is among the owners of KATA Geomatics. We agreed with this company to help us open boundaries, carry out land division, and secure land titles. We didn’t have the money to pay her, but she instead agreed to foot all the bills in exchange with 150 acres of land. It is wrong to politicize this issue,” he said.

Meanwhile, some of the occupants of the contested family land have expressed worries over alleged summons issued by Police over what they termed as framed cases against them.

The residents are also concerned about the heavy presence of bouncers in the area, some of whom have been accused of witch-hunting bibanja holders who have resisted what they termed as illegal demarcation and surveying of their respective pieces of land and were utilizing their land. 

Mr Pascal Kitooke, who is among the affected people told this publication yesterday that his elder brother, Mr Godfrey Mayerere went into hiding last month after the Officer in Charge of Namayumba Police Station, ASP Moreen Kobutungi allegedly summoned him (Godfrey) to her office, after a one Alisa reported the latter to her office on allegations of threatening to harm him. 

Mr Kitooke said trouble started when his brother who works as manager of a farm owned by a one Kanunku located on the contested Wakiso family land, allowed people who owned plots within the farm to grade them.

“During the meeting we had with officials from the Ministry of Lands and leaders from Wakiso district, the minister said that bibanja owners can continue utilizing their land as investigations regarding rightful landowners go on. We were surprised to see Alisa come in to stop the grading exercise after which he accused my brother of threating to harm him and he was summoned “he said.

 Kitooke alleged that both the police and the bouncers have frequented his brother’s home, an act that he said continues to instill fear among family members and residents.

“About two weeks ago,two police officers riding a motorcycle came here at around 11 am, looking for him. The bouncers armed with sticks are always here looking for him. The bouncers are more frequent than Police,” Mr Kitooke said.

The Officer in Charge of Namayumba Police Station, ASP Moreen Kobutungi denied allegations that she had summoned bibanja holders to her office.

“That is not true. I have not summoned anyone to my office,” ASP Kobutungi said

The Wakiso District Resident Commissioner, Ms Justine Mbabazi who heads the security team in the district, said she was not aware of any harassment instigated against bibanja holders by police officers.

Ms Mbabazi referred us to the District Police Commander (DPC) Kakiri, SP Hassan Katumba Mugerwa to establish what was going on in the area.

SP Mugerwa said that when he contacted the O.C, she denied the allegations.

“I have talked to the O.C and she said that she had not summoned anyone. That she only received a call from someone saying there were people grading the land and called the person who had brought it to find out where the problem was. If there is anyone being intimidated by the landlord or any other individuals, they should report to Police. If anyone is saying they are harassed by police, let them come to my office so that we understand the problem,” he said.

Mr Mugerwa however, said that summoning a person accused of committing any crime is normal since it helps them to get the other side of the story.

 On the issue of the bouncers being deployed in the area, Mr Mugerwa encouraged residents to report such incidents to police, saying they are there to serve the community.

Background
The conflicts over the ownership of the land began last year. The five family members had earlier petitioned court challenging the “illegal” subdivision and irregular sale of the land.

The land originally belonged to Gabudyeri Lubajja who disappeared in the mid 1980s and is presumed to be dead.