UGANDA, Wakiso | Real Muloodi News | In the ongoing Busamba land dispute, a contentious legal saga has emerged as 28 individuals, including surveyor Berna Nakato, face a lawsuit filed by family members and over 5,000 Bibanja owners.
The Busamba land dispute centres around the 1,044-acre piece of land spanning five villages in Namayumba Sub-county, Wakiso District. Berna Nakato, initially a surveyor, now claims ownership of 200 acres in the contested area.
The legal battle escalated when Mathias Mulumba, a family lawyer and grandson of the late Gabudyeri Lubajja, announced the addition of Nakato and others to the main case initially filed by Lubajja’s family members in the Makindye Family Division Court last year.
The allegations include fraudulent acquisition and illegal transfer of titles.
The court hearing for the Miscellaneous Application numbered 948 of 2023, is scheduled for November 20. The list of defendants includes Nakato, Abudallah Musisi Kyakonye, Hasifa Nankabirwa, and others accused of participating in the contested land dealings.
The court has also summoned Mr Baker Mugano, the Commissioner of Land Registration at the Ministry of Lands, to address the matter.
The roots of the conflict are traced back to the actions of Richard Semitala and Eusterius Ssegantebuka, administrators of the estate of the late Lubajja.
Allegedly lacking funds for boundary opening, they enlisted Nakato to survey the land. After closed-door negotiations, Nakato reportedly acquired 150 acres initially, later adding 50 more.
The residents of Ngondwe, Kanziro, Kinyika Kiryankoko, and Busamba raised concerns about possible evictions and forced sharing of Bibanja, leading to a petition to the Lands minister.
Despite a court order to halt activities on the land pending resolution, Nakato reportedly resumed demarcation.
The conflict intensified with the involvement of the State House Anti-Corruption Unit (SHACU), which conducted an investigation and presented a report acknowledging special titles held by Ssegantebuka and Semitala, Nakato’s occupancy, and the cancellation of the mother title of the disputed land.
The report, deemed “one-sided” by residents, suggested reconciliation among family members and a return of the old title to the land registry.
Residents boycotted the SHACU meeting, citing irregularities, and accused local leaders, security forces, and the Wakiso RDC office of connivance.
The dispute raises questions about the role of authorities and adherence to court orders in resolving land conflicts.
The legal proceedings are expected to shed light on the intricate web of transactions, alleged fraud, and the contested legitimacy of titles.
As the residents face uncertainties, Mathias Mulumba assures them that the family has secured caveats on the 512 acres, preventing any further activities or transactions until the case is resolved.
The community is urged to stand strong against potential land grabs. The legal battle underscores broader challenges within land governance, with implications for property rights, community welfare, and the integrity of the land registration process.
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