UGANDA, Kampala | Real Muloodi News | Story Update: 13th October 2022: Akright Projects Ltd, a well-known land and property dealer has challenged a High Court ruling that ordered the cancellation of its 20.5-acre land on the basis that it was obtained unlawfully.
Akright claims in its September 27 notice of appeal that it is displeased with Justice John Eudes Keitirima’s September 23 ruling involving land in the Kitende-Wakiso District.
According to Justice Keitirima, the property dealer purchased land in acres but later discovered that the same area was in hectares and never attempted to legally buy the surplus land.
“Take notice that the 2nd defendant (Akright) being dissatisfied with the judgment and decree of the High Court of Uganda Land Division intends to appeal to the Court of Appeal against the whole of the said judgment and decree,” reads in part the appeal notice.
Akright has subsequently written to the court, represented by Okello Oryem & Co. Advocates, requesting a typed and certified record of proceedings to create grounds for appeal.
Original Story published 9 October 2022
The High Court Land Division in Kampala ordered the cancellation of 20.5 acres of land purchased unlawfully by famous real estate agent Akright Projects Limited.
The land is in Busiro, Block 383, Plot 254, measuring 48.4 acres, and was registered in the name of the late John Baptist Kasasa, whose estate has been overseen by the Administrator General since 1977.
Justice John Eudes Keitirima ruled on September 23 that Akright and Mr Amans Mutebi purchased acres but discovered that the identical area in Kitende-Wakiso District was in hectares and never attempted to buy the surplus land properly.
“It was evident that the 1st (Mr Mutebi) and 2nd (Akright) defendants discovered or found out that the land they had actually purchased was more than had earlier been sold to them. They transacted in acres but found that the acreage was in hectares,” the justice ruled.
Adding: “The 1st and 2nd defendants cannot be seen to seek protection under Section 59, 176 nor 181 of the Registration of Titles Act. The said defendants having discovered the extra land than that which they had purchased, should have sought to legally acquire the excess land. The excess they found could not be part of what they purchased. Their actions to convert the excess land as theirs without having legally acquired it amounted to fraud.”
The Court Orders
The court ordered Akright and Mr Mutebi to hand over the land to the Administrator General, who was represented in court by Noah Kasasa Mawagali.
The court further ruled that if Akright sold the abovementioned land, it should pay USh200 million in damages to Mr Kasasa and the Administrator General for trespass.
In court records, the Administrator General and Mr Kasasa maintained that the land in Busiro, Block 383, Plot 254, measuring 48.4 acres, was registered in the name of the late John Baptist Kasasa.
The judge ruled that the contested land is still part of the late Kasasa’s estate, which the Administrator General and Mr Kasasa currently administer.
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