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New twist as family claims Shs370 billion Kisenyi land
A section of the contested land in Kampala. Ms Eseza Nola Nakibuuka, through her lawyers, wrote to Finance ministry claiming ownership of the 10-acre piece of land. PHOTO / FILE.
What you need to know:
- Ms Eseza Nola Nakibuuka has written to Finance ministry claiming ownership of the 10-acre piece of land in Kisenyi that the government, through the Ministry of Finance, wants to purchase from city businessman John Bosco Muwonge
New details have emerged about the controversial Shs370 billion Kisenyi land that Kampala Lord Mayor Erias Lukwago last week said the government, through the Ministry of Finance, wants to purchase from city businessman John Bosco Muwonge.
Although government is negotiating with Mr Muwonge, the proprietor of Boost Investments Ltd, Ms Eseza Nola Nakibuuka, through her lawyers, wrote to Finance ministry claiming ownership of the 10-acre piece of land in Kisenyi and accused the businessman’s company of obtaining the certificate of titles through fraudulent means.
Ms Nakibuuka, who claims to be one of the administrators of the estate of the late Erenesti Keresipo Kizito, now wants the Ministry of Finance to halt the proposed sale of the land.
According to a letter dated January 5, addressed to the Permanent Secretary in the Ministry of Finance, Mr Ramathan Ggoobi, Ms Nakibuuka, through her lawyers of Obed Mwebesa and Associates, warns that paying Boost Investments Limited for the land in question may result into loss of government funds.
It is believed that the late Erenesti Keresipo Kizito was the owner of the land, having obtained the same through succession.
“Our client has learnt that Government of Uganda is in the process of releasing the money to Boost Investments Limited to purchase the said land for purposes of settling street vendors before the above case is heard and disposed of,” the letter states.
It adds: “This is to request you to immediately put on halt the said payment of the above money to Boost Investments Limited as court still has an obligation to adjudicate over the issue of ownership of the said land. This will save government from losing money in case court rules in our client’s favour.”
According to Nakibuuka, the land in question is comprised in LRV folio 14, Plots 1048, 1049, 1550, 281, 282, 283, 284, 285, 286, 287,288, 289 and 290 at Mengo, Kibuga Kisenyi.
The letter is also copied to the Inspector General of Government (IGG), Ms Beti Kamya, Kampala Capital City Authority (KCCA) executive director Dorothy Kisaka and Lord Mayor Erias Lukwago.
Mr Mwebesa reiterated that their client is one of the administrators of the estate of the late Erenesti Keresipo Kizito.
“However, Boost Investments Limited, well aware of the deceased’s interest in the land, applied for and obtained fraudulently certificate of titles to the above land. This was done by falsely representing to Uganda Land Commission (ULC) that the land was not registered under private Mailo,” he said.
In addition, Mr Mwebesa alleges that ULC did not have the jurisdiction to grant the said lease over the land as it did not fall within its area of jurisdiction.
This, he said, prompted administrators to institute a suit, challenging the interests of Boost Investments Limited, claiming the same was acquired through fraud and seeking cancellation of the same as well as general damages for alleged trespass.
He said the suit is pending in the High Court of Uganda Land Division.
“By copy of this letter, all the relevant offices are notified of the above and requested to intervene where need be,” the letter further states.
Kampala Affairs Minister Minsa Kabanda told this publication this week that Kisenyi land is yet to be valued by the chief government valuer, and confirmed that negotiations were ongoing before arriving at a fair price.
Finance ministry speaks out
The Finance ministry spokesperson, Mr Jim Mugunga, said his ministry will not be party to the sale agreement and is not negotiating nor undertaking due diligence on the disputed land.
Mr Mugunga explained that this is the responsibility of the relevant accounting officers and line ministries and their internal controls.
“They prudently use support agencies such as lands registry and the office of the Attorney General, among others. The ministry’s role is to allocate resources as appropriated by Parliament. In doing so, we do not take over or supersede in our mandate responsibilities of ministry departments and agencies.
