Entebbe High Court Circuit has visited destroyed graveyards on the prime land under ownership dispute at Nakigalala land on Entebbe Express Highway Road in Wakiso District.
The Court presided over by Assistant Registrar Rashida Butanula visited the disputed 306-acre portion comprising housing structures and crops as well as some of the family members and administrators of the estate of the late Muwanga Omuweesi.
Led by their lawyer, Brian Kupper Rubihayo, the family of the late Muwanga Omuweesi is embroiled in the protracted legal battle with Muljibhai Madhvani Group Limited over ownership of the land over seeking Entebbe Express Highway in Wakiso District. Muljibhai Madhvani Group Limited is represented by Kampala Associated Advocates (KAA).
While on the fact-finding mission, the Registrar, Ms Butanula interviewed several stakeholders among them the local council leaders at Nakigalala Cell, family members occupying and cultivating part of the land as well as managers from Madhivani group Limited.
Tonny Lukuyega the village chairperson narrated to Court that he is aware of the family of Muwanga Omuweesi with their family home and part of the graveyard which was demolished by Uganda National Roads Authority (UNRA) to pave way for the construction of the Entebbe Express highway at Kajjansi Interchange.
“This family lost a lot because of the construction of the Entebbe Express highway; they started with demolishing their house which was replaced with this small one. Their graveyard was destroyed and at night the bodies were exhumed and taken to an unknown place,” Lukuyega said.
He added that currently the local authority recognises Robert Kayongo and Benjamin Kalumba Sebiliba as the family administrators and the family members residing in the house led by their sister Alexanderia Nantege.
Kayongo told the presiding judicial officer that since 2013, they have been struggling with Madhvani group who is claim ownership of their land and using the company workers to mistreat them.
He claims that Madhavani workers armed with guns and machetes on several occasions raided their home, beat and insulted his family members to the extent of destroying their crops.
“We opened a number of complaints at Kajjansi Police Station but we have not been helped. Police are always shielding Madhavani workers by releasing them on police bond and starting from where they stopped,” Kayongo said.
He was supported by Benjamin Kalumba Sebuliba the court that their great grandfather obtained the land title on the said land in 1908 which was approved in 1913 and that since then his family have been staying and using the land.
According to Ssebuliba, Madhivani group acquired a 99 year lease for 49 acres which expired but to their surprise, in 2008, Madhvani Group Limited came up with a freehold land title which prompted them to run to court.
“We are disturbed by this case and mistreatment by Madhivani group because this land is Private Mailo but we are wondering how it was turned into a freehold. This case was investigated by almost every institution of government using taxpayers’ money and the reports are all clear that Muwanga Omuweesi is the rightful owner of the land,” said angry Sebuliba appealing to President Museveni to prevail over government officials who are frustrating our interest on land as grandchildren.
He accused the Madhvani Group of frustrating all efforts to have the illegal land title placed on their land by influencing responsible government officials which the company helped in their education and funding their political campaigns.
Daniel Mukula, the head of Madhvani company security team on Nakigalala tea estate denied the allegations made against the Industrial security company that is responsible for security but instead alleged that the late Muwanga Omuweesi family members have continuously provoked them.
He added that they have been encroaching on the land which was allocated to the company workers to grow their food noting that it is the reason why they have reported them to Kajjansi police.
Meanwhile, the Court registrar, Butanula has promised to pronounce her ruling on the applications by both sides regarding maintaining the status quo until the final determination of the main cases.
The Administrators of the late Muwanga Omuweesi; Benjamin Kalumba Ssebuliba and Robert Kayongo are embroiled in a protracted legal battle for ownership of the land on Block 374 measuring 306 acres.
Madhvani Group Limited is in court over accusations of grabbing the land and fraudulently changing its tenure from Mailo land to freehold to deprive the family of the deceased Buganda chief of their interest.
The company is jointly accused with its subsidiary; Kakira Sugar Works Limited and the Commissioner for Land registration in the case that has spanned over more than a decade in the court system since 2013.
In 2022, the Land Division of the High Court issued a temporary Order restraining the agents, workers and employees of Madhavani group limited from claiming, selling alienating, and or mortgaging the land at Nakigalala, Kajjansi in Wakiso district until determination of the pending case.
Background
According to court documents, Kalumba and the family estate contend that their great grandfather Muwanga Omweesi is the owner of the mailo land in dispute. They claim that he received the land from the then King of Buganda Kabaka Chwa II.
Documents further show that a title was created on October 20, 1913 and a certificate of registration was raised and sealed as FC9662 by the British Colonial administration.
It is alleged that a freehold title was also later created in 1925 under Uganda Rubber and Coffee Estates Limited and Nsimbe Estates Mawokota Uganda but does not indicate termination of the mailo title.
