Surveyor, 27 others sued afresh over 1,000-acre Wakiso land row
Some of the affected residents during a meeting in Ngondwe Village, Namayumba Sub-county in Wakiso District in 2023. Photo/Busein Samilu
What you need to know:
- Mr Semitala and Ssegantebuka who are grandchildren of the late Lubajja, were sued by their family members led by Ms Josephine Mpamulungi and Ms Teddy Namusoke. They accuse the duo of, among others, fraudulently obtaining letters of administration and later using them to parcel part of the land amounting to 150 acres to Ms Nakato, without informing the Bibanja holders settled on it.
A businesswoman who came as a surveyor and later acquired part of the disputed 1,044-acre piece of land in Namayumba Sub-county, Wakiso District, has been sued again.
Ms Berna Nakato is among the 28 new defendants whom the Deputy Registrar of Makindye Family Division Court has given 15 days to respond to the case filed against them by a section of grandchildren of the late Gabudyeri Lubajja, who owned the land.
The late Gabudyeri’s two grandchildren; Ms Josephine Mpamulungi and Teddy Namusoke, in their civil suit 24 of 2024 say the 28 defendants, among others, illegally shared part of their grandfather’s land, “yet they are not part of the beneficiaries.”
“Whereas the above-named plaintiffs [Mpamulungi and Namusoke] have instituted a suit against you upon the claim, the particulars of which are set out in the copy of the plaint attached hereto, you are hereby required to file a defence in the said suit within fifteen (15) days from the date of service of summons on you in the manner prescribed under the Civil Procedure Rules,” read in part the February 12 summons.
Other defendants are Abudallah Musisi Kyakonye, Justine Teopister Nakityo, Wavuvumira Mukasa, Margret Maria Namukasa, Sophus Kiwanuka, Daniel Lubajja, Medrinah Njuki Nakandi, Metisha Nambolanyi, Isaac Kayanja, and Maria Bbanja.
They also include Hasifa Nankabirwa, Faridah Namayanja, Mathias Kimuli, Grace Nandugga, Geofrey Okunga, Aisha Namuli Lubwama Zawedde, Fred Gyezaho, Levi Musene, Godfrey Ninsima, Keneddy Tukke Kaggwa, Deo Musoke, Tereza Nalwoga, Florence Nalubega, Ason Kalema, Rose Nabukenya, Hanifa Majwegga Babirye, and the Commissioner Land Registration at the Lands ministry.
“Should you fail to file the defence on or before the aforementioned, the plaintiffs may proceed with the suit and judgment may be given in your absence,” the summons adds.
Ms Nakato was brought on the land under dispute by Mr Richard Semitala and Mr Eustarious Ssegantebuka, the purported administrators, as a surveyor in 2022.
She was given 150 acres of this land as her payment by the two administrators, which angered the other family members led by Mr Mpamulungi, prompting them to run to court.
The two have been battling with the administrators under the main suit number 8 of 2023, where they, among others, accuse Mr Semitala and Mr Ssegantebuka of fraudulently acquiring the letters of administration (77 of 2010) and later bringing Ms Nakato on the land without the consent of other family members.
More than 5,000 residents, majorly Bibanja holders who have for the past 30 years lived in the contested land in the three villages of Busamba, Kanziro and Ngondwe, were trapped in the battle which one time almost got them evicted. This was after Ms Nakato tried to forcibly take over her portion until the Lands Minister intervened.
A Miscellaneous Application number 948 of 2023, intending to add Ms Nakato and other respondents was filed in March last year, only to be dismissed last month by the court registrar, Mr Samuel Olumo, who contested the signature of the applicant (Mpamulungi).
Speaking to this publication yesterday, Mr Mathias Mulumba, a family lawyer, said: “The cause of action against each one of them is different like Nakato is sued with Okunga for illegally transferring land that belongs to our estate by way of holding out as surveyors and getting land contrary to the law.”
He added: “The first to 10th defendants are sued for illegally registering themselves on different pieces of land as if they are direct beneficiaries, while the 17th to 26th defendants have been sued because they connived with Semitala and Segantebuka and transferred land into their names as if they are beneficiaries of the estate of the deceased.”
The Commissioner for Land Registration, Mr Mulumba said, was included on the list, because he approved the alleged fraudulent transfer of the land to the defendants.
Efforts to get all the defendants were futile by press time as their phones, including that of Ms Nakato, were unavailable.
Relatedly the known contact of Mr Baker Mugaino, the commissioner of land registration, was switched off by press time.
Monitor understands that Ms Mpamulungi’s lawyers have already served all the defendants with summons and they are expected to present their defence on February 26.
Background
Mr Semitala and Ssegantebuka who are grandchildren of the late Lubajja, were sued by their family members led by Ms Josephine Mpamulungi and Ms Teddy Namusoke. They accuse the duo of, among others, fraudulently obtaining letters of administration and later using them to parcel part of the land amounting to 150 acres to Ms Nakato, without informing the Bibanja holders settled on it.
