The Managing Director of the National Social Security Fund (NSSF), Patrick Ayota, has revealed that the fund is set to challenge an order to recall one of its Lubowa land titles.
On April 22, 2024, the Ag. Commissioner Land Registration Baker Mugaino issued an order arising out of a hearing to establish double titling on seven plots of land created by the Wakiso District Lands Office.
The order sought to recall one of the titles of the National Social Security Fund, comprised in FRV 402, Folio 13, Plot 1322, whose total acreage is approximately 13% of the 600 acres owned by NSSF.
“The National Social Security Fund (NSSF) challenges this section and contends that the Ag. Commissioner in issuing this order did not consider a detailed explanation submitted to him at a public hearing by the Wakiso District Land Board in which the Land Board distanced themselves from having issued the seven certificates of title overlaid on NSSF’s land,” he said.
In addition, the surveys and administrative errors identified by the Ag Commissioner, Land Registration, can and should be handled administratively by the Ag Commissioner within his powers to manage the land register as set out in the law.
“We also note that the Ag. Commissioner proposed that the Fund should explore “an amicable settlement” with the complainants to acquire the land in dispute. We categorically distance ourselves from such a proposal because the Fund cannot enter negotiations to acquire land that it already owns, that the that the Wakiso District Land Board has disowned, is in full possession of, and holds valid titles issued as far back as 2003, Ayota said.
He reassured NSSF members and stakeholders that the order for rectification by the Ag. Commissioner Land Registration affects only one title out of the 109 titles held by the Fund and covers an area of 13% of the total land owned by the Fund.
He noted that the ongoing real estate developments are not affected by the order issued by the Ag. Commissioner, contrary to the misleading reports circulating on social media. NSSF will continue to use all legal means available to preserve its legal ownership and possession of the land at Lubowa and bring to book all perpetrators involved in any activities to perpetrate fraud against the Fund’s ownership.
“We reassure our members that the Fund is the registered proprietor of approximately 600 acres of freehold land in the Lubowa area, parceled out on 109 separate certificates of title. All original titles are registered in the name of the fund. Any other claim on this land is fraudulent and amounts to trespass. The Fund commits to using all legal means available to institute criminal proceedings against those involved in these land-grabbing activities,” he said.
High Court in January 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”
