UGANDA, Wakiso | Real Muloodi News | In a recent development concerning the ongoing Busamba land dispute, the decision of Mr Samuel Olumo, the deputy registrar of Makindye Family Division of the High Court, to dismiss a crucial application for amending the main case has ignited controversy.
The decision has drawn criticism from family members and residents, who perceive it not only as unfair but also indicative of potential injustices.
The dismissal pertains to a Miscellaneous Application (Number 948 of 2023) seeking to add 30 respondents, including land dealer Berna Nakato and other Bibanja holders, to the main suit (Number 8 of 2023).
The main suit involves a legal battle between Josephine Mpamulungi, Teddy Namusoke, and Richard Semitala, Eustarious Ssegantebuka, the purported administrators of the late Gabduyeri Lubajja’s Estate.
The administrators are accused of fraudulently processing letters of administration (Number 77 of 2010) and involving Nakato in the 1,044 Namayumba-based lands in the Wakiso District.
Nakato, initially a surveyor on the land, received 150 acres as her salary for services. Subsequently, she acquired an additional 50 acres, bringing her total stake to 200 acres.
The dispute involves over 5,000 residents, predominantly Bibanja holders, residing in the three villages of Busamba, Kanziro, and Ngondwe on this contested land.
The dismissed Miscellaneous Application aimed to include Nakato and 27 other Bonafide Occupants (Bibanja holders) in the ongoing legal battle between family members.
However, Mr. Olumo, in his ruling, cited perceived weaknesses and unrealistic grounds in the application. He specifically raised concerns about the handwriting on the application, creating a legal obstacle.
Josephine Mpamulungi, the main applicant, faced scrutiny over alleged disparities in her signatures. Mr. Olumo noted variations in size, character combination, letter positions, and relative spacing between characters.
Despite Mpamulungi attributing the differences to illness, Mr. Olumo deemed the application lacking legal backing.
The registrar, using his observations without engaging a handwriting expert, emphasised differences in the size, character combination, and relative spacing of letters in the provided signature samples.
Olumo advised filing a fresh application with a proper signature or appealing his ruling.
Mpamulungi expressed her discontent, stating, “This is the same signature I have been using since my primary seven. It is surprising that because some letters are differing in sizes, it can be a basis for dismissing our Application.”
Mr Mathias Mulumba, a family member and lawyer, highlighted their frustration, claiming that Mr Olumo had repeatedly postponed their case since they applied in June.
The family members argue that the registrar’s decision has added to their grievances in a prolonged and contentious land dispute.
Despite efforts by the Minister of Land, Housing, and Urban Development to intervene in December 2022, activities on the land persisted, leading to a security meeting in May 2023.
The dispute involves Nakato and other Bibanja holders subdividing and sharing part of the land against the minister’s orders.
In response to the registrar’s decision, Mr. Mulumba emphasised their disappointment, stating, “I am here wondering when justice will ever prevail in this country. We are highly disappointed in this Registrar.”
The family members question the application of legal principles and express concern over the persistence of the Busamba land dispute without resolution.
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