UGANDA, Wakiso | Real Muloodi News | Allegations of impropriety have surfaced against senior officials at the Ministry of Lands following the removal of caveats from 24 plots situated on a disputed 1,044-acre land in Namayumba Sub-county, Wakiso District.
The controversy involves aggrieved family members of the late Gabudyeri Lubajja and over 5,000 bibanja owners, who accuse Mr Baker Mugaino, the Commissioner for Land Registration, and other ministry officials of disregarding legal procedures in their actions.
The situation escalated after Mr. Mugaino, in a letter dated February 1 2024 and signed by Herman Nsubuga Galiwango on his behalf, authorised the removal of caveats from 24 plots located on Busiro Block 15.
This decision came despite the ongoing Busamba land dispute, which is still being adjudicated in court.
Mr Mathias Mulumba, a lawyer representing the late Lubajja family, identified the affected plots and highlighted the potential risks posed to over 5,000 bona fide bibanja owners residing in four villages surrounding the disputed land.
The dispute has intensified as purported owners, led by land dealer Ms Berna Nakato, lay claim to portions of the contested land.
Ms. Nakato asserts ownership of 200 acres within the disputed area, further complicating the situation.
The removal of caveats has raised concerns among residents, who fear potential eviction in the absence of legal protections.
Mr. Mugaino, when contacted for comment, stated his need for time to gather information regarding the matter.
He clarified that the decision to remove the caveats was made by the registrar-in-charge of Wakiso District, emphasising the authority granted to zonal offices by the Ministry of Lands.
Lands Minister Judith Nabakooba has expressed her interest in the matter, directing the commissioner to explain the decision.
According to Mr. Mulumba and affected residents, such decisions should be determined by the courts of law, not administrative officials.
A caveat, as defined by Ms. Irene Nassuuna of Nassuuna & Company Advocates, serves as a formal notice or warning to alert interested parties of specific interests in a piece of land.
It acts as a safeguard against unauthorised actions and alerts potential stakeholders of existing claims or interests on the property.
Under Section 139 of the Registration of Titles Act, the withdrawal of a caveat requires the consent of the caveator, lapsing of the caveat, a court order, or consent to another’s registration affecting the property’s title.
Amidst the controversy, the affected family lawyer and aggrieved bibanja holders are considering petitioning the Inspector General of Government, Ms Beti Kamya, to investigate claims of impropriety and ensure transparency in the handling of land matters.
The removal of caveats, if upheld, poses a significant threat to the security of over 5,000 residents, many of whom have resided on the land for over three decades.
Without the protection afforded by the caveats, these residents face the risk of eviction as the legal process unfolds.
In the letter authorising the removal of caveats, Mr. Mugaino cited a complaint from registered owners of the land and alleged investigations by the Ministry of Lands and the State House Anti-Corruption Unit.
However, critics argue that such actions undermine due process and jeopardise the rights of affected parties.
The ongoing legal battle stems from a dispute between the grandchildren of the late Gabudyeri Lubajja, with one faction led by Ms Mpamulungi and Ms Namusoke and the other by Mr Semitala and Mr Ssegantebuka.
Accusations of fraud, fraudulent acquisition of letters of administration, and unauthorised land transactions have further complicated the matter.
Ms Mpamulungi and Ms Namusoke have initiated civil proceedings against several individuals, including Ms Nakato, Mr Kyakonye, Ms Nakityo, and others, alleging unauthorised appropriation of land and distribution of the late Lubajja’s estate.
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