On December 22, 2017, Justice Andrew Bashaija sitting ruled in favour of 19 plaintiffs who included Watoto Church, Turaco Limited, IncafexPaul Bagyenda, Samuel Muhanguzi and Hakeem Mulindwa and others in a case of land ownership for plot MRV 152 Folio 12.
The civil case 207 of 2014 was against Nakiyimba, Faridah Namirembe Nalumansi Alias Princess Bwanga, Joseph Kanaabo and the Administrator General who was sucked into the case due to Uganda Police’s alleged collusion with the defendants.
History:
The land was originally registered in the name of Daudi Kasimbazi before it changed hands. Apparently, a one Caster Ssemwogerere – grandson to the now the late Kasimbazi who died in 1959 rushed to the land probe led by Justice Catherine Bamugemereire claiming the land in question is part of the estate of the late Daudi Kasimbazi and was offered a listening ear.
But according to the will left behind by the late, Ssemwogerere was neither a trustee or beneficiary on the land. All the 19 plaintiffs bought their land from former owners, presenting sales agreements, and would later acquire land titles for their plots.
For instance, Garuga Musinguzi, the Managing Director of Incafex Limited, says he bought part of the land in 1990 from Evaristo Nyanzi and Andrew Ben Ssengooba, who were the registered proprietors at the time.
Even Nakiyimba who claimed to be the administrator of Kasimbazi’s estate assumed that position after the said land had been distributed to various beneficiaries.
According to the Administrator General, Nakiyimba’s role as the administrator raised questions of how she assumed that role given that the land was already subdivided.
In his ruling, Justice Bashaija found the defendants guilty of trespass and awarded special damages of Shs160 million and general damages worth Shs200 million as compensation. The special damages comprised illegal excavation of sand and stones, cutting down trees and fences, destroying crops and threatening violence against plaintiffs.
The judge also awarded the plaintiffs Shs200 million to cover loss and inconveniences caused by continuous actions of trespass on plaintiffs’ land by defendants.
Nakiyimba and Namusisi were also ordered to deliver the duplicate certificate title of MRV 152 Folio 12 within 21 days from the date of judgement to the Commissioner of for Land Registration for cancellation failure of which would lead to the Commissioner to recall and cancel the said duplicate certificate title.