Surveyor, 27 others sued over 1,000-acre Busamba land row
Mr Mathias Mulumba (left), who represents the aggrieved family members, with some of the affected residents at Makindye Family Division Court in Kampala on November 13, 2023. Photo/Busein Samilu
What you need to know:
- Ms Berna Nakato, who came to the contested land as a surveyor and later claimed ownership of 200 acres, is among the new defendants being added to the main case.
The battle for the 1,044-acre piece of land covering at least five villages in Namayumba Sub-county, Wakiso District, has taken a new twist after family members, backed by more than 5,000 Bibanja owners, dragged 28 individuals to court for alleged illegal acquisition of part of it.
Ms Berna Nakato, who came to the contested Busamba land as a surveyor and later claimed ownership of 200 acres, is among the 28 new defendants being added to the main case the late Gabudyeri Lubajja family members filed at the Makindye Family Division Court last year.
Speaking to the Monitor yesterday, Mr Mathias Mulumba, who is one of the family lawyers and a grandson of the late Lubajja, said: “Nakato and others fraudulently and illegally acquired and transferred different titles into their names.”
All the parties, including Ms Nakato and her co-accused, are expected to appear before the court registrar, Mr Samuel Olumo, on November 20, for the first hearing of the Miscellaneous Application number 948 of 2023, which intends to add them to the main suit in the disputed land row.
Others expected to appear before court are; Abudallah Musisi Kyakonye, Hasifa Nankabirwa, Hanifa Majwegga Babirye, Faridah Namayanja, Justine Teopister Nakityo, Wavuvumira Mukasa, Mathias Kimuli, Margaret Maria Namukasa, Nandugga Grace, Kiwanuka Sophus, Geoffrey Okunga, Aisha Namuli Lubwama Zawedde, Lubajja Daniel, Gyezaho Fred, Levi Musene and Ninsiima Godfrey.
Others are Kennedy Tukke Kaggwa, Medrinah Njuki Nakandi, Metisha Nambolanyi, Isaac Kayanja, Maria Bbanja, Deo Musoke, Rose Nabukenya, Tereza Nalwoga, Florence Nalubega and Ason Kalema who reportedly processed special titles on the said land.
Court has also summoned Mr Baker Mugano, the Commissioner Land Registration at the ministry of Lands, on the same matter.
The new defendants in a dispute arising out of a Civil Suit No. 08 of 2023, will join their two colleagues including; Mr Richard Semitala and Eusterius Ssegantebuka, the alleged administrators of the Estate of the late Lubajja.
Last year, Mr Ssemitala and Ssegantebuka approached Ms Nakato to survey Busamba land allegedly through KATA Geomatics Company, but the company has since denied anything to do with the alleged surveyor and stated in a disclaimer that it does not have an partner or employee by the names of Berna Nakato. After closed-door meetings, the administrators agreed to give Nakato 150 acres occupied by Bibanja holders. She later acquired additional 50 acres.
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 (No. 77 of 2010) and later using them to parcel about 150 acres of the land to Ms Nakato without informing the 1,044 Bibanja holders settled on it.
How it started
Trouble started unfolding earlier this year after more than 5,000 residents from the affected villages of Ngondwe, Kanziro, Kinyika Kiryankoko and Busamba, complained of impending evictions and forced sharing of their Bibanja, in contravention of the land laws.
The residents petitioned the Lands minister before area leaders reportedly defied court and ordered Ms Nakato back on the disputed land last month.
The original Block 53, Plot 15, has since been sub-divided into Block 53, Plot 396-450, in what the Mpamulungi family members call a fraudulent way. The family members and the residents have accused Police in Kakiri and Namayumba, local leaders and the RDC office in Wakiso of connivance and in violation of the court process.
Lands Minister Judith Nabakooba in May held a security meeting in Busamba over the matter and directed the State House Anti-Corruption Unit (SHACU) to conduct an investigation, which was completed in September.
What residents called “a one-sided SHACU report” was presented by Shafic Nsubuga, the assistant resident district commissioner of Wakiso.
The report acknowledged Mr Ssegantebuka and Mr Ssemitala’s special title, Ms Nakato’s occupancy on the said land and announced the cancellation of the mother title of the disputed land.
“Some of the family members led by Mathias Mulumba Junior, who claim to have a title on the same land, failed to produce it as promised; the old title in the names of Edward Sentamu Kinagomba should be returned to the land registry as it is no longer valid,” it reads in part.
Adding: “The local leaders and security should be tasked to protect Bibanja holders against any form of harassment. Family members of the late Lubajja should reconcile out of court because their misunderstandings are affecting the community of Bibanja holders and purchasers and if possible, the ministry of Lands should mediate these meetings.”
Most of the residents boycotted the meeting, citing irregularities in the handling of the investigation. The residents told the Monitor that the RDC meeting was in total violation of the court order, which had stopped all activities on the said land until the pending court case was disposed of.
Mr Nsubuga told the Monitor that the SHACU report only affected the land, which is not in court but the plots; Busiro Block 53 Plots 375, 381, 383, 384, 385, 389, 392 400, 403, 406 and 407 were not touched. However, a petition has since been filed in the Makindye court to have Ms Nakato and 27 others added to the main suit, making the entire 1,044-acre piece encumbered.
“I was delegated by my superior, Ms Justine Mbabazi, the RDC of Wakiso, to go and read that report so she has details on that case because personally I was not even familiar with it,” he said. Ms Mbabazi did not pick our repeated calls for a comment.
Angry residents told Monitor yesterday that Ms Nakato has resumed demarcation of the disputed land in the villages of Ngondwe, Busamba -Kinyika yet the matter is in court.
When contacted yesterday about the latest petition seeking to add her and others to the main suit, Ms Nakato wondered: “Do you have those court summons. Can you share with me right now on my WhatsApp? If you have, share with me a copy then we will talk about anything after.” However, the documents she wanted to look at were shared with all the parties a week before the registrar adjourned hearing of the case last Monday.
Ms Nakato’s lawyer from Bricards and Company Advocates said: “First of all, Berna [Nakato] is a third party and has not been summoned. What you are seeing there is a proposal to amend the earlier suit. Court was adjourned because those people [aggrieved family members] had to put in a rejoinder on a case. So for Berna to be summoned anywhere, they have to first serve her and the court has to grant that application a ruling.”
Mr Mulumba said after adding the defendants to the suit, the family will take on the Wakiso RDC for violating the court injunction and asked residents to resist any attempts to grab their Bibanja.
“We have already secured caveats on the 512 acres and as I speak, all the land has been caveated, no more activity or transaction can be done on it until the case is disposed of. I want to assure residents that they should be strong, no need for panic, everything is being handled,” he said.
Mr Segantebuka in his response seen by this newspaper said as administrators of the estate of the deceased, they subdivided the said land for purposes of distribution to the respective beneficiaries.
He described Ms Nakato and other intended new defenders as bonafide purchasers for value without notice of any fraud, and that the applicants are simply wasting time and in total fear of prosecuting their own case having realised that it is frivolous and vexatious.
“As administrators of the estate of the deceased, we have powers to dispose of estate property for a number of reasons provided they have given each beneficiary his/her share, which was done in the instant facts,” Mr Segantebuka said.
BACKGROUND
According to the surviving family members, the late Lubajja had been blessed with 11 children. Nine of them are dead while two; Hasfa Nankabira and Efransie Namayanja, are still alive and it is from within these the battle emanated.
Two letters; dated December 12, 2022 and February 02, 2023, from Kayira Gajule, the head of the Mbogo clan, recognised the children and stipulated how the said property would be shared.
Since the majority of the Lubajja’s children are dead, their offspring took their parent’s share.
The boundary drawing started in December last year. The entire problem arose when Ssemitala and Ssegantebuka hired Ms Nakato, to draw the demarcation and in return pay her 150 acres. She also bought an additional 50 acres from some family members, bringing her total share to 200 acres.
The duo also reportedly without consulting all the family members processed the letters for administration for the entire property, which angered the Mulumba’s side, prompting them to run to court, asking the judge to nullify the transaction.
Although Ms Nakato says she was paid with 150 acres of contested Busamba land, under section 333A(1) of the Succession Act, “A person who acts on behalf of a beneficiary of an estate in any matter shall not acquire any part of the interest of the beneficiary in the estate as payment for the services rendered.
