UGANDA, Kampala | Real Muloodi News | There has been an escalated standoff between the Kampala District Land Board, and family who hold a lease on an undeveloped plot of prime land in Kampala.
The land in question is Plot 2 Semiliki Walk Road, near Kisekka Market. The land was leased by the Damani family, proprietors of the Bat Valley Bar and Restaurant, in 1984.
Ms H. Damani and her widowed mother, Ms J. Damani, claim they still have four years left on their 15-year lease, and were shocked when the Kampala District Land Board fenced the land and erected its signs indicating it was being taken over two weeks ago. The board placed a caveat on the land on September 6.
Mr David Balondemu, the Kampala District Land Board chairperson, faults the Damani family for not honouring lease clauses that mandated the owner to develop the land. He revealed that “a strict development clause was inserted in the lease agreement” when the Damani’s got their last lease extension, yet the Damanis did not do anything substantial over the past 21 years except set up a washing bay. Mr Balondemu adds that city land is meant for development.
“As a body, we have powers to terminate a lease for failure to fulfil a covenant of developments. At the last lease renewal, we had warned them that if they don’t develop the land, we would repossess it. After the cancellation, a fresh [development lease of 10 years] was allocated to Byaruhanga,” Mr Balondemu said, referring to businessman Ivan Byaruhanga.
It has emerged that the same land has since been transferred to Buko Minerals and Oils Investment Ltd, with Mr Ivan Byaruhanga’s consent.
Ms Damani has secured an interim order from Kampala High Court to stop any activity on the contested land, until the ownership dispute is resolved.
Land Owners be Warned
This is not the only prime land in the city centre that stands undeveloped. Many people stand to lose their plots of land like the Damanis.
On the 2nd of September, Mr David Balondemu, the Kampala District Land Board chairperson, declared that the board is taking over all vacant pieces of land with expired leases for failure to develop them.
The lessee is expected to have substantially developed the piece of land during the lease period, or otherwise stands to lose the property to a more capable individual, and or one’s lease agreement will not be renewed.
Guided by the Land Act, Cap 227, as amended, the District Land Board (KDLB) has been granted autonomous powers in performing its duties.
The District Land Boards are independent of any person or authority. In a statement as seen and retrieved from the Ministry of Lands Housing and Urban Development, describing the powers of the District Land Boards: ‘They cannot be controlled, directed, used or influenced. DLBs are independent of the Uganda Land Commission. This independence gives them the powers to do any of:
Acquire by purchase or otherwise, rights or interests in land and easements; erect, alter, enlarge, improve or demolish any building or other erections on any land held by it; sell, lease or otherwise deal with the land held by the board; and do and perform all such other acts, matters and things as may be necessary for or incidental to the exercise of those powers and performing the above functions.’
Mr Balondemu warns that other people with underdeveloped plots in the city would face the same.
Many other cities are likely to borrow a leaf from Kampala, considering the impact stretching beyond the prime plots in the capital city.
Uganda has 10 new cities, excluding Kampala as the capital, with over 5 yet to be affected. The new cities already operating are; Arua, Mbarara, Gulu, Jinja, Fort Portal, Mbale, Masaka, Lira, Soroti and Hoima.
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