UGANDA, Kazo | Real Muloodi News | The High Court has scheduled June 21, 2023, as the hearing date for a high-stakes case involving Edith Nagujja Jakana and her son, Daniel Herbert Lule Jakana of Jakana Foods Ltd (JFL).
Edith accuses Daniel of fraudulently selling her land to the Kampala City Council Authority (KCCA) for a staggering sum of shs827 million.
The land in question, measuring 0.066 acres and identified as LRV 4552 FOLIO 13 BLOCK 203 PLOT 11780 in Kazo, Kyaddondo, was allegedly sold to KCCA without Edith’s consent.
Edith, the petitioner, filed a civil suit (No. 1090/19) in the Land Division of the High Court of Uganda at Kampala, represented by her lawyers from M/S W. MU UMUZA & CO. ADVOCATES.
She aims to seek legal redress regarding the sale of the 0.066-acre land by her son and his company, Jakana Foods Ltd, to KCCA, despite the presence of an existing caveat.
Edith claims to hold an equitable interest in the land and asserts that Jakana Foods Ltd, owned by Daniel Jakana, was registered without her consent as a kibanja holder.
The land is subject to Civil Suit No. 1099 of 2019, which seeks to cancel the contested Certificate of Title that was registered unlawfully.
KCCA’s Involvement and Transaction
Despite the caveat placed on the land, KCCA proceeded with the transaction with Jakana Foods Ltd, resulting in the mutation of 0.066 acres of the land for the construction of a drainage channel.
Between June 2021 and November 2021, KCCA compensated Jakana Foods Ltd with a total sum of UGX 827.4 million for acquiring the portion of land.
Edith argues that the transaction was illegal due to the existence of the caveat, and she is seeking legal redress to recover the full amount of Shs 827.4 million.
Additionally, she is pursuing general and punitive damages from KCCA, Jakana Foods Ltd, and the Commissioner in charge of land registration for their failure to fulfil their duties in overseeing title registration and general conveyance.
The hearing for Civil Suit HCT-00-LD-CS-1090-2019 has been set for March 22, 2023. While Edith accuses her son of forging her signature, Daniel and KCCA maintain that they acted within the bounds of the law and followed due process.
The land in question is part of the estate of the late Daniel Nelson George Nkuse Jakana, who passed away on December 24, 1994.
The late Jakana senior left a Will dated January 31, 1971, appointing his wife, Edith Jakana, and his son, Daniel, as executors.
The executors filed a petition for the grant of probate in October 2004, and the letters of probate were granted in February 2005.
In her sworn testimony, elderly Nagujja accuses her son, Daniel, of forging her signature. She entrusted him with the responsibilities of managing the family estate, but he allegedly used her signature fraudulently until she discovered the deception and alerted the family.
A meeting was held, attended by Peter Mulira, the family’s legal adviser at the time, where Daniel claimed that the signature belonged to his mother.
However, Edith, who was unable to read or write, contested this assertion.
Family Feuds and Property Disputes
The family has been embroiled in various disputes, including the sale of a 7-acre parcel of land in Kungu Buwate and the depletion of Edith Nagujja’s bank account at Tropical Bank Uganda (account no. 0070032163) involving a substantial sum of money.
In a distressing turn of events, Daniel began constructing a septic tank at his ailing mother’s doorstep, despite her frail health.
Her in-house health caregiver expressed concerns about the potential harm caused by the dust and fumes from the pit, considering her dependence on an oxygen cylinder and vulnerable health. Unfortunately, Daniel ignored these pleas.
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