UGANDA, Masaka | Real Muloodi News | The ongoing legal dispute over the ownership of Masaka Children’s Park land involves Masaka City authorities and a private developer, Sylvia Nagujja Lutta. The contested 2.07-acre plot, located on Elgin Street in Masaka City, is the subject of a court case presided over by Justice Lawrence Tweyanze.
The trial held on December 10 and 11 featured testimonies from several witnesses. Ms. Lutta alleged that Masaka City Council had approached her late husband, Francis Kakumba, in 2017 to temporarily use the land for relocating vendors during the construction of Masaka Central Market.
Upon completion of the market in August 2023, Ms. Lutta attempted to reclaim the property by fencing it off, which prompted protests from residents and local legislators, including Dr. Abed Bwanika and Masaka City Woman MP Juliet Kakande. Ms. Lutta stated that she sought police intervention and subsequently filed a court case, which resulted in an injunction in September 2023.
Rev. Fr. Joseph Kayita, former chairperson of the Masaka District Land Board, testified that Kakumba applied for the land in 2011 and was granted ownership following all procedural requirements. He noted that the land was previously an open space managed by the district land board. Another witness, Elijah Kazibwe, stated that he was unaware of the disputed land having a title deed issued in 1961 when it was allocated to Kakumba.
Senior cartographer Margaret Adeng from the Department of Surveys and Mapping testified about inconsistencies in the land records. She stated that Plot Numbers 64-74, cited in the case, do not appear on the cadastral maps maintained in Entebbe. Instead, Plot Numbers 58-72, surveyed under official instructions in 2011, correspond to the contested area. Adeng suggested that the plot numbers referenced might have been provisional identifiers created at the district level but not updated in the national records.
Masaka City Clerk Daniel Christopher Kaweesi acknowledged that the city claims ownership of the land but admitted the title deed is misplaced. He said the city is working on obtaining a special title. City Planner Martin Kigozi maintained that the land is designated as open space for the children’s park on city maps.
State Attorney Moses Mugisha requested to introduce additional witnesses, including the commissioner of the land registry and the commissioner of surveys and mapping, to clarify the documentation issues. Justice Tweyanze permitted the request and scheduled January 15, 2025, for final submissions.
According to a search report from September 2023, the disputed land on Plot 64-74 was leased to Masaka Town Council in 1959 for 99 years, with the lease set to expire in 2058. Contradictory documents indicate that Kakumba acquired a freehold title for Plot 58-72 in 2011, covering approximately 2.1 acres, which overlaps with the disputed property adjacent to Masaka Secondary School’s main gate.
Justice Tweyanze emphasized the need to address all aspects of the case comprehensively before a final ruling is made.
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