Land probe: Nzeyi ordered to grant neighbour access
Inspection. The land probe commission led by Justice Catherine Bamugemereire (2nd left) tours the disputed property in Bugolobi, Nakawa Division, on Monday. PHOTO BY EPHRAIM KASOZI
What you need to know:
- Inconvenience. The businessman erected a perimeter wall on property shared by his neighbour, blocking her access.
Kampala.
Businessman Humphrey Nzeyi has been accused of illegally denying his neighbour access to her property in Bugolobi, Nakawa Division.
Ms Beatrice Musisi Yiga filed a complaint before the Commission of Inquiry into Land Matters, accusing Mr Nzeyi of blocking her from accessing her property for one-and-half-years.
It is alleged that Mr Nzeyi fraudulently acquired a plot which was meant for a drive way and parking yard for both of them and later constructed a perimeter wall with a gate.
Appearing before the land probe on Monday, Kampala Capital City Authority (KCCA) director for physical planning, Mr Moses Atwine, described Mr Nzeyi’s action as unlawful. “It is unlawful because he is trying to convert a property into a different use from which it was registered for. The approval he acquired was based on a common access and drive way,” Mr Atwine said while responding to questions by the commission’s deputy lead counsel, Mr John Bosco Suuza.
Mr Atwine said Mr Nzeyi altered the approvals without authorisation and contrary to the physical planning rules and KCCA advice.
He said Ms Yiga has to enjoy shared rights to access her property and not apply for a separate access road.
Mr Atwine also said Ms Yiga, based in the US complained to KCCA in 2017 but Mr Nzeyi and his wife stormed out of a meeting which had been called to resolve the dispute.
He said KCCA cannot take action against Mr Nzeyi because he erected a perimeter wall and no development was made on the disputed plot.
He also said he advised both parties to resolve the dispute amicably by the latter selling her interest to the businessman who owns majority of the property in the area.
Last week, Justice Bamugemereire ordered Mr Nzeyi to open his gate on the plot to allow Ms Yiga access her property and allow negotiations to settle the dispute.
Mr Nzeyi admitted blocking Ms Yiga on account that she failed to pay part of the costs he incurred in constructing the perimeter wall and beautifying the property.
However, the commission said he acted dishonestly by attempting to force Ms Yiga to sell him property.
On Monday, Justice Bamugemereire said they were waiting for the KCCA decision on the approved building plans granted to Mr Nzeyi regarding the disputed plot.
