East African Gazette
Uganda
The Acting. Commissioner of Land Registration in the Ministry of Lands, Housing, and Urban Development, Baker Mugaino, has issued a notice of ordering for the cancellation of land titles fraudulently acquired by the National Social Security Fund (NSSF).
The said land is comprised in FRV WAK 6104 Folio 24 Bloc 29 Plots 3234–3240 in Lubowa, Wakiso district.
In 2015, the NSSF accused Mohammed Lubowa, Moses Bogere, Betty Namanya, Daphine Nakanwagi, and Patrick Onyango of fraudulently procuring a certificate of title in contravention of Section 190(1) of the registration of the Titles Act 230 laws of Uganda. The accused persons were charged in court.
However, on April 17, 2024, Makindye Magistrates Court ruled against the NSSF and acquitted the accused persons.
Makindye Grade One Magistrate, Elisha Arinaitwe, cited “glaring inconsistencies in the evidence of the prosecution witnesses.”
In his report dated 22nd April 2024, the Acting Commissioner, basing on the powers entrusted in him under the Land Act, he has recalled the land titles for land FRV 402 Folio 13 Plots 274, 323 and 1322 for rectification and corrections of errors.
“NSSF should explore an friendly settlement with the complainants in order to acquire the extra land lawfully from them. The state agencies in conjunction with NSSF should institute Criminal proceedings against individuals that may be criminally liable.” Mugaino ordered
The Commissioner Surveys and Mapping has been ordered to increase the surveillance, oversight and supervision of the Survey Register to ensure compliance to standards that will help avoid overlaying of surveys to create double titling.
“The title to land comprised in FRV 402 Folio 13 Plots 274,323 and 1322 ought to be recalled, re -surveyed and Karamazoo corrected to the extent to which it doesn’t overlay on the petitioner’s tittle.”
The Ag Commissioner’s findings have revealed that NSSF bought Land comprised in FRV 402 Folio 13 Block 269 plot 274, 323 and 1322, from Uganda Company Holdings Ltd in 2013
Whose shareholders are all foreigners, who could not hold a valid title in Freehold tenure to pass it to NSSF. Since the 1995 Constitution of the Republic of Uganda and Section
40(4)(5)(6)(7) of the land Act forbids foreigners from holding Freehold or Mailo proprietary interest in land. “The certificate of title comprised in FRV 402 Folio 13 Brock 269 Plots with
274 and 323 and 1322 measuring 285.07 Acres registered in the names of NSSF appear on the same Certificate of Title without following the laid down procedure on amalgamation of titles which explains overs short on the cadastral and Karamazoo.”
The Commissioner also noted that NSSF did not explain NSSF how plots 50 of only 0.797 acres come to create plot 1322 of 186.6 acres.
“Once an illegality has been put to the attention of the office such an Illegality cannot stand under S.91 of the Land Act. (Same principle applied by the supreme court in Makula International v Cardinal Nsubuga SCCA No. 4/81).”
Background
The Acting Commissioner revealed that he got to know the matter through the letter dated 21st November 2022, which Attorney General wrote to him seeking asking for the right full owner of the land on Block 269 Plot 1322 and
3234-3241 Kyadondo.
This led to a public hearing by the Commissioner Land Registration where several state Agencies like the Inspectorate of Government, Directorate of Criminal Investigation Police, and Attorney
General, Statehouse Anti-corruption Unit were all invited.
Several surveys, opening of boundaries were conducted where several reports with various findings were recorded thus forming a basis for the Commissioner’s orders issued on Monday 22nd April 2024.
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