UGANDA, Kampala | Real Muloodi News | The ongoing criminal trial involving five individuals accused of uttering false documents and obtaining money by pretence in the National Social Security Fund (NSSF) land dispute at Lubowa faces a hurdle as the Director of Public Prosecutions (DPP) is petitioned to halt proceedings.
The petition, dated November 7, and submitted by Abdulatiff Nakalaali on behalf of the late Prince Suuna Kiweewa’s family, calls for a pause in the trial.
It contends that there is a pending judicial review application in the Civil Division of the High Court related to the ownership of the disputed land, which must be determined before the criminal trial proceeds.
The letter to the DPP states, “…And also request you to stay the proceedings in court of a case file No. 1524/23 to allow for the conclusion of the judicial review in Civil Division of the High Court Vide: Civil Misc cause no. 132 of 2021 against the Attorney General and Commissioner Land Registration.”
The judicial review application aims to complete the titling process, initiated by the Land Ministry but halted. The disputed land, located in Kyadondo block 269, plots 3234, 3236, 3237, 3238, 3239, and 3240 at Lubowa in Wakiso District, is central to the conflict.
The NSSF holds freehold titles with a succession in title dating back to crown land grants in 1911, totalling approximately 834.6 acres.
Documents reveal NSSF’s purchase of 565 acres in Lubowa in 2003 for a housing estate comprising 2,741 units and related amenities.
The accused in the criminal trial before Makindye Chief Magistrates’ Court include Mr Lubowa Kityo, Mr Moses Bogere, Mr Shaban Kawooya, Ms Betty Namanya, and Ms Daphine Nakanwagi.
Simultaneously, the family of Suuna pursues an order before the Civil Division of the High Court, compelling the Commissioner of Land Registration to complete the titling process.
They claim that the land was fraudulently migrated from a private mailo land tenure system to freehold in 1906 and 1911 without following due legal processes.
While attempts to contact Ms. Jacquelyn Okui, the spokesperson of the DPP’s office, were unsuccessful, the stamp on the petition indicates that it was received and stamped on November 8.
The unfolding legal complexities underscore the intricate web surrounding the NSSF land conflict and the interplay between criminal and civil proceedings.
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