City businessman Hamis Kiggundu popularly known as Ham through his company ‘Kiham’ has contested a report of Commissioner Land Registration in the Ministry of Lands, Housing and Urban Development to cancel some of his titles on the contested land with Buganda Land Board.
“We act for M/s Kiham Enterprises Limited, the registered proprietor of the above land. Our attention is drawn to the decision your office issued yesterday in respect of the above matter where you directed the amendment of the above register which affects our client’s freehold titles. Our client is aggrieved by the above decision and has instructed us to challenge it on grounds of evident procedural impropriety and irregularities” reads letter from Muwema and Company Advocates addressed to Commissioner Land Registration.
Yesterday the Commissioner Land Registration Baker Mugaino issued a directive to cancel plots 23974,23976,23977 on block 278 saying they had been subdivided from plot 23720 in error.
“Not that there is a title overlay but Mailo titles were issued earlier. I note that the procedures of allocating land for freehold titles were flawed and had illegalities. Now therefore, by powers conferred upon me under S.91 of the Land Act having found that the certificate of titles in Kyadondo block 273 plots 23974, 23976, 23977 subdivided from plot23720 were illegally issued I hereby order that the same be cancelled and expunged from register book forth worth” Mr Mugaino wrote.
However, through his attorneys says that they have observed that the Land Registration decision hijacked the public hearing process which was setup to investigate and handle the dispute\complaint of the alleged overlap of Ham’s freehold land titles on mailo land.
“We also observe that your decision is based on a minority report which contradicts the findings of the joint survey report made by the technical team commissioned by the tribunal. It is clear that the joint survey team which was staff from your department, surveys and mapping, Makerere University, NEMA and surveyors of the parties, concluded that our client’s freehold land titles are on public land.” Kiham’s attorneys responded.
“It is, however, not clear on what basis the minority report could find otherwise and whether this report was intended to serve the interests of the truth or that of the complaint. We therefore request to be availed with a copy of the Ministry survey report and the typed proceedings of the public hearing to facilitate our next course of action” Counsel Muwema wrote.
Earlier this year, Buganda Land Board (BLB) petitioned police seeking its intervention to stop construction of a road and drainage channel through Plot 273, 38, 87, 99,110 and others allegedly belonging to Buganda Kingdom. The kingdom averred that Kiggundu illegally created official kingdom Milo land, free hold title composed of WAK 6104, FOLIO 25, Block 273, Plot 23977 and the same are under cancellation proceeding at the Ministry of Lands.
According to Kiggundu, the said land is a Freehold land granted by Wakiso District Land Board and the Freehold Land Titles were issued in November 2019 by Wakiso District Land Office. The subject land falls under ‘Public Land’ formerly Plot 20 and referred to as, ‘Total Lake Area’, originally measuring approximately 289.34 Acres.
According to an earlier report from the technical team constituted by the office of the Commissioner Land Registration, the team based on the findings on the examination and crucial analysis of historical maps, land tenure maps, cadastral sheets, extract of coordinates from land information system and copies of certificates of title of the subject land. It reveals that there was both Mailo and Public land in the area.
“The key finding from the investigation is that there is existence of both Mailo and Public land on Block 273 with respective areas of approximately 10587.021 acres and 183.179 acres. Additionally, Mailo and Freehold titles in the area of interest encroach on each other by the extent shown in the report” reads the investigation report.
However, later BLB contradicted itself and alleged that Ham’s land was theirs but under a wetland. Why would Ham’s contested land be under wetland while at the same time Miremba Villas, golf Course and Serena Hotel Kigo that fall under the same block aren’t.