Former Wembley Chief, Brig Elly Kayanja has lost a disputed land case in which he was jointly sued with his wife, Ms Jenifer Kayanja and Ms Miriam Kikomeko who is purported to have sold them the land.
The land that sits on 53.64 hectares at Kabulegwa, Kyebando in Wakiso district came under dispute when Ms Kikomeko acquired letters of administration over the land in 1997. The land is part of a bigger parcel belonging to the Kabaka of Buganda. The plaintiffs vehemently opposed the legality of Kikomeko’s tittle on grounds that it had been fraudulently acquired by Cephas Kikomeko who died in March 1983. He is said to have falsified statements about the land leading to the grant of the lease to him.
But the plaintiffs questioned the legality of Ms Kikomeko’s tittle before they sought help from Brig Kayanja who was then a senior security leader in government. He promised to help them but they later learnt that brig Kayanja had instead bought the land before he could send his agents to destroy the occupants’ property. It was upon that incident that a suit seeking the cancelation of the title was filed.
Court presided over by Justice Andrew Bashaija on Thursday ruled that the complainants undervalued the suit land, thereby trying to defraud the government of its revenue by way of paying less stamp duty.
“….the mode of acquisition of the tittle in question was tainted with fraud and illegality,” the judgment read in part.
“I also find that the defendants deliberately understated the value of the suit land worth billions of shillings to be 10 million shillings with the intention of cheating government of tax revenues payable on such transaction….,”
Court further ruled that, “…on the basis of the above findings, judgment is entered in favour of the plaintiffs. The counterclaim is unsupported and therefore unsuitable. It is dismissed with costs,” the judgment read partially.
Court also issued an order of a permanent injunction restraining Brig Kayanja and his colleagues from interfering with the plaintiff’s quit occupation and possession of the suit land.