UGANDA, Kiryandongo | Real Muloodi News | Alleged fraudulent sale of government land in Kiryandongo District caused by seven squatters has left 1,000 households dispossessed.
The land in question, formerly Ranch 22, is now LRV MAS2 Folio 8 Block 8, measures about 2,000 acres, and is located in Nyamutende Village, Kitwara Parish, Kiryandongo Sub-County.
The affected residents, who have lived on the land for 30 years, have been left dispossessed as a result of the squatters’ actions.
In 2017, the residents applied for a lease of the land from the Kiryandongo District Land Board through the Directorate of Land Matters at the State House.
However, they were surprised to discover that the land had instead been leased to and registered in the names of the squatters.
Fraudulent Sale Leads to Legal Action
The lease of 49 years was registered on February 20, 2019, under instrument No MAS-00001347 by seven people who were referred to as “joint tenants”.
Following their protest, the affected households sought the assistance of the office of the Resident District Commissioner (RDC) of Kiryandongo, who advised them to institute proceedings against the squatters.
The affected households’ lawyer, Mr Peter Arinaitwe of M/S Arinaitwe Peter & Company Advocates, said after their clients protested the move, they later discovered that the said land had already been sold to one Robert Maseruka.
“Aggrieved by these actions, the complainants appealed to the office of the Resident District Commissioner (RDC) of Kiryandongo who advised them to institute proceedings against the seven people,” Mr Arinaitwe wrote to Mr Sam Mayanja, the State Minister for Lands, Housing and Urban Development, in a February 8, 2023, letter.
According to Lawyer Arinaitwe, the RDC’s office assigned Samuel Mbabazi to assist the affected households. Mbabazi filed a suit on October 15, 2019, at the Masindi High Court against the said registered proprietors.
The civil suit, number 46 of 2019, was filed against Julius Isingoma, Simon Mwesige, John William Musokota, Gerald Tumusiime, Gabriel Wabire, Richard Ocema, Wilson Shikhama, and Robert Maseruka, who allegedly bought the land.
Mbabazi sued in the representative capacity of 350 people, challenging the illegal and fraudulent registration, sale, and transfer of the subject land to Maseruka.
While the case was ongoing, the complainants were surprised that Mbabazi had gone into a consent judgment, settling the suit on the victims’ behalf without their knowledge or consent.
The consent judgment was entered on October 22, 2020, before Mr Kintu Simon Zirintusa, the Masindi High Court’s Assistant Registrar.
Among the terms of the consent judgment was that the residents of Nyamutende Village would be compensated for an unspecified sum of money and would vacate the land.
However, Maseruka is going ahead to execute the consent judgment by forcefully evicting the occupants without compensation. This prompted the complainants to challenge the consent judgment by applying for its review and setting it aside at the Masindi High Court.
“As if that was not enough, the said Maseruka is going ahead to execute the said consent judgment by forcefully evicting the occupants without compensation. This, has, however, prompted the complainants to challenge the said consent judgment by applying for its review and setting aside at the Masindi High Court,” Lawyer Arinaitwe said.
“Sensing the imminent threat of eviction, we also filed an application for interim stay of execution of the said consent to avoid rendering their application for review nugatory but unfortunately the same could not be heard on February 6 – the date it was fixed for hearing,” Lawyer Arinaitwe added.
The miscellaneous application No.11 of 2022 (arising from civil suit No. 46 of 2019) was filed by Tom Khauka, Michael Masaba, Caleb Mushaija, Naume Ndyamuhaki, and Allen Kobusingye.
The hearing of the case is scheduled to take place on March 29.
Police Arrest Community Members
However, on February 6, 2023, at midnight, three police patrols invaded Nyamutende Village and arrested members of the community, taking them to Kiryandongo Police Station where they are still currently detained.
Lawyer Peter Arinaitwe alleges that on Thursday, 9th March 2023, three tractors being driven by Mbabazi’s six workers “encroached” close to 50 acres of his clients’ land and started ploughing it, but his clients protested and chased them away.
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