Kiwanuka, custodian board in fight over 300-acre land

The Departed Asians Property Custodian Board (DAPCB) is up in arms with the proprietor of Pokino Properties Limited, Mr Mohan Kiwanuka, over ownership of 316 acres of land in Mukono District.
Officials at DAPCB told Daily Monitor that land in Sonde, Goma Division (Block 577, Plot 23), was one of the expropriated properties left behind by the departed Asians and that by law, it was vested in government in 1973 under the authority of the custodian board.

The chairperson of the divesture committee at DAPCB, Dr Abdulhu Byakatonda, explained that in 2005, Mr Kiwanuka’s company “illegally and fraudulently acquired proprietorship of custodian board land” before he sold it to Makerere University’s Retirement Benefits Scheme at an undisclosed price.
Custodian board members have since petitioned the ministry of Lands (commissioner of land registration), seeking cancelation of Mr Kiwanuka’s title. The disputed land was part of Kasirise Tea Estate and it was vested in government as one of the expropriated properties measuring 316 acres.

Position
“As custodian board, our mandate is very clear; we are supposed to verify all the departed Asian properties but in the process of undertaking this exercise, we found out that this particular land in Sonde was illegally registered in the names of Pokino Properties Limited owned by Mr [Mohan] Kiwanuka in 2005,” Dr Byakatonda revealed yesterday.
“We wrote to Pokino Properties Limited, seeking proof of ownership and how they entered onto the title and subdivided the government property but no response was given as requested,” he added.

Dr Byakatonda explained that the review is in line with the Auditor General’s report that recommended verification of all the expropriated properties, which were not claimed. In his report, Mr John Muwanga, the Auditor General, also asked the Custodian board to ensure that all properties formerly owned by the departed Asians are compiled in an inventory before winding up of the entity.

Dr Byakatonda also revealed that the custodian board collected evidence and established that the original proprietors of several properties, including Sonde land, did not return to Uganda as required by the Expropriated Act, which provides for 120 days for the claimant to return.
He added that they are waiting for a response from the commissioner of land registration to conduct a public hearing, leading to cancellation of Pokino Properties’ title.
Yesterday, Mr Francis Buwule, the lawyer representing Pokino Properties Limited and Mr Kiwanuka, said the Custodian board’s claims are “surprising” and they are intended to create “unnecessary excitement”.

Denial
“I am not aware that government is claiming that property and it cannot claim for it because it was dealt with on March 17, 1998, under instrument number 2192771 when it was transferred to Anup Vasant Limited under High Court application 118/1986. And, therefore, government no longer has interest in that property because it was dealt with,” the lawyer explained. Mr Buwule, who denied knowledge of any formal claim, said on December 23, 2004 under instrument number 349786, the same land was transferred to Adriko and Karugaba Nominees Limited before it was transferred to Pokino Properties Limited.
“These are facts which were laid out in a January 2010 letter from the commissioner of land registration,” he said.
Mr Buwule also confirmed that Mr Kiwanuka has since sold the land to Makerere University Retirement Benefits Scheme (MURBS) and insisted “any challenge to the sale would be vigorously defended.”

Defence
MURBS lawyer Paul Kuteesa also dismissed the claims and explained that any land in Uganda is identified by a certificate of title issued by government where DAPCB is an agent.
“We bought that land and my client is in possession of it. There is a certificate of title as evidence for ownership,” Mr Kuteesa said.
But Dr Byakatonda, quoting the Expropriated Properties Act, said any dealing of whatever kind in expropriated property or business before the minister’s consent is null and void.
“Whoever bought part of that Sonde land should engage the seller [to refund his or her money]. As government, the property shall be dealt with as per the law provided,” he said.
Asked why the custodian board is making the claim now, Dr Byakatonda reiterated that they are currently in the process of making an inventory for all the expropriated properties as per the Auditor General’s report with a view to preparing for the winding up of DAPCB as per Cabinet resolution.
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