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Court orders AG, Commissioner land registration to compensate Lubowa owners for erroneously issuing titles to non owners

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The High Court ruled that part of the land at Nakigala and Lubowa was partly allocated to the current owners in error.

Four individuals, namely Kiggala Joseph, Steven Kikonyogo Saava, Fredrick Jjunju and Sirimani Sebirumbi sued the Attorney General and the Commissioner for Land Registration for refusing to issue land titles to them for the disputed land.

“The applicants prayed for the grant of relief for pf Mandamus to compel the 2nd respondent issue certificates of title over the disputed land. It may indeed not be possible as noted earlier since this would cause some legal problems of double titling but the 2nd respondent should harmonise the position or issue of ownership within reasonable time” reads Justice Ssekana ruling.

He continued “However, having found that the applicants had a legitimate expectation, the court will grant a declaration under section 36(1) (e) and 3 of the Judicature Act as follows:

It is declared that Yusuf Suuna Kiweewa’s land comprised in Mailo Register Volume 273 Folio was eligible for the issue of a certificate title under Block and plot, and his interest cannot be extinguished without payment of adequate compensation, unless there is proof that he has sold the land or dealt with it in any such manner that extinguished interest”

The four sued in their capacity as the administrators of the estate of the late Prince Yusuf Suuna Kiwewa.

The disputed land-which forms part of the 400 acres that NSSF is constructing multi-million bungalows, is comprised of Kyadondo Block 269 plot 3034 at Lweza, Lubowa.

In a December 19, 2023 ruling, Justice Musa Ssekaana ruled that: ” Yusuf Suuna Kiwewa’s land comprised in Mailo Register Volume 273 Folio was eligible for the issue of a certificate under Block and Plot, and his interest cannot be extinguished without payment of adequate compensation, unless there is proof that he has sold the land or dealt with it in any manner that extinguished his interest.”

Justice Ssekaana’s ruling will further derail the project that has been dogged by costly lawsuits, with claimants suing the Fund over its dubious acquisition of land.

President Museveni commissioned the first phase of the Project in September 2022, with a projection that all the 2,750 residences would be completed by December 2023.

The controversial housing project, which will cost savers a whopping $400 million, has now largely stalled with what inside sources blamed on the “turmoil” at the Fund which is blamed on Betty Amongi, the embattled Minister of Gender, Labour and Social Development.

The Fund was in a state of abeyance for the most part of 2023 following the refusal by Ms Amongi to renew the contract of its Managing Director Richard Byarugaba, flouting a directive by the Prime Minister Robinah Nabanja.

The Court ruling will pile more pressure on the beleaguered Amongi as the Fund cannot afford to bungle up such an expensive Project.

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