Land registration commissioner cancels Ham’s titles on Kabaka’s Kigo land

The Commissioner Land Registration has ordered for the cancellation of four titles obtained by city businessman Hamis Kiggundu on Kabaka’s land in Kigo.
A judgment signed by Mugaino Baker on September 6, 2022 for Commissioner Land Registration ordered the immediate cancellation of Kiggundu’s titles citing an overlap on Kabaka’s titles, fraudulent procedures of allocating land by Wakiso district officials and the fact that the disputed land is a wetland. 
“By the powers conferred upon me under S.91 of the Land Act, having found that the certificate of titles comprised in Kyadondo Block 273 plots 23974, 23975, 23976, and 23977 subdivided from plot 23720 were illegally issued, I hereby order that the same be cancelled and expunged from the register book forthwith,” he said. 

The commissioner’s decision puts to rest the longstanding battle between Hamis Kiggundu and the Kabaka of Buganda over ownership of land in Kigo measuring 140 acres. 
The story first broke earlier this year when Buganda kingdom stopped activities by Kiggundu where he wanted to construct a road between Mirembe Villas and Serena Hotel Kigo to gain access to what he said is his land. 
However, Mengo insisted that the land claimed by Kiggundu is Kabaka’s and all titles being peddled were acquired fraudulently. The matter was then referred to the Commissioner Land Registration to cancel the titles thereon.

Following a cancellation hearing, the commissioner ordered a joint boundary opening exercise to ascertain the true ownership of the disputed land conducted by surveyors from both parties.
“According to both majority and minority reports availed to the office of the commissioner land registration, it is deduced by both reports that there is an encroachment by the freehold titles on the Mailo titles….Both reports agree that plots 23974, 23975, 23976 and 23977 owned by Kiham enterprises ltd encroach onto the Mailo titles in plots 38, 87,99 and 110 owned by the Kabaka of Buganda,” reads the Commissioner’s judgment.
 “Therefore, it is questionable how a professional survey could have been undertaken to create on overlay on an already existing title. Without any doubt, such survey process was flawed and an illegality that resulted in double titling.”

“ It is therefore, my finding that the freehold titles owned by Kiham Enterprises Ltd overlap the Mailo Titles owned by Kabaka of Buganda, which is illegal.”
The judgment further indicates that the said land is a wetland given that it is found in the lake reserve area.
“It is therefore, my finding that even if the land was public land, Wakiso District Land Board illegally gave out in grant of freehold to Kiham the subject land when the same is a wetland. It was therefore, illegal for Wakiso Ministry Zonal Office to title land which was a wetland on recommendation of the land board.”

There was also a contention on the procedure followed in the allocation of the said land, with Kabaka’s lawyers saying the area land committee used does not have jurisdiction over the said land.
“It is, therefore, my finding that the applications for grant of freehold having been handled by Kajjansi Town Council yet the land falls under Makindye Ssaabagabo Area Land Committee was illegal and affects the root of the title. The titles should therefore be cancelled having been flouted in the procedure of their allocation,” he added.