I paid all my dues - Nandala Mafabi says in Shs1 billion land grab case
KAMPALA- The High Court has set August 22 as a date when it will decide whether a case in which Budadiri West Member of Parliament, Mr Nandala Mafabi is accused of grabbing land valued at Shs 1 billion was wrongly filed in the Land Division of the court.
The case had come up for hearing last week.
Mr Mafabi, through his lawyer told court that they wish to raise an application concerning the jurisdiction of the case.
However, the trial judge at the High Court Land Division, Justice Henry Kaweesa advised Mr Mafabi’s lawyer to raise his application by way of a Preliminary Objection on July 21 before a final decision is made on August 22.
Mr Mafabi was dragged to court together with the Commissioner of Land Registration by a couple seeking a declaration that the registration of land comprised in FRV 391 Folio 21 known as Plot 4 Nakalokole Road, Mbale District, measuring 0.290 hectares in Mr Mafabi’s name, is null and void.
Mr Stephen Stuyvesant Wobwenyi and Ms Annet Naturinda in their suit say that they have been residing on the said land as their matrimonial home as a married couple since May 7,2003 while undisturbed until August 30, 2016 when Mr Mafabi fraudulently transferred the ownership of the land into his name.
The couple in their suit say that in May 7,2003 Mr Wobwenyi as the registered owner of the land approached Mr Mafabi to borrow Shs 150m as a friendly loan using the land’s certificate of title as security which was handed over to his lawyers.
However, Mr Mafabi denied the allegations and asked court to dismiss the case with costs saying his accusers do not have any claim whatsoever.
In his statement of defence, the MP says Mr Wobwenyi approached him to buy the suit land in December 2011 at Shs 150,000,000 to which he accepted to pay in three equal instalments.
"That having agreed on the payment mode he referred the first plaintiff (Mr Wobwenyi) to M/S Mutembuli & Co Advocates to prepare a sale agreement and immediately upon the signing of the agreement, Shs50, 000,000 was transferred to the account of the first plaintiff in Standard Chartered Bank A/C NO. 015016488900 Mbale branch and he handed over the original certificate of Title. The allegation of a friendly loan is unfounded and an afterthought having used up the purchase price," he said.
According to the suit, after the transaction, the first applicant (Mr Wobwenyi) left the country in March 2013 to South Africa and returned in June 2016.
However, during his stay in South Africa, he kept on communicating with Mr Mafabi and his lawyer Yusuf Mutembule,” the couple further narrates.
To the first applicants’ surprise, Mr Nandala in August 30, 2016 had fraudulently transferred the land without the knowledge or consent of the second plaintiff (Ms Naturinda) as his wife as is required by the provisions of the Land Act.
According to the court documents, in July 18,2016 the first applicant raised an objection to the Commissioner of Land Registration Ministry of Lands ,Housing and Urban Development about the fraudulent transfer of the said land but they have refused to transfer it back to him.
The documents indicate that the loan agreement purportedly executed did not create a money lending agreement between the parties and cannot claim to be a money lender as an ordinary money lending transaction should not have a security clause.
“At that time Mr Mafabi had no money lending licence and was carrying out business of money lending which means that any agreement or contract between the plaintiffs was illegal,” the documents read in part.
The couple wants court to issue a permanent injunction against Mr Mafabi restraining him from estranging or evicting them from carrying out any further developments on the land.
They are also seeking for an order directing the commissioner of Land Registration and the Registrar of Titles to cancel the certificate of title for the plot of the said land and the land register to be corrected accordingly.
They also want general damages , exemplary damages, costs of the suit and any other order or relief which court may deem fit.
However, Mr Mafabi denied the allegations and asked court to dismiss the case with costs saying his accusers do not have any claim whatsoever.
But Mr Nandala further contends that on February 2012, Mr Wobwenyi received the final instalment of Shs 50, 000,000 upon which he signed and handed over the transfer forms in respect of the suit land.
"The first defendant contends that having paid the final instalment and received transfer forms he embarked on the process of transferring the land to his names as required by law. The allegation of fraud... is an afterthought, the plaintiffs shall be put to strict proof of allegation therein. Further, the first defendant avers that the first plaintiff's official married wife having passed on, he was at time living with Mrs Nasra Kaim who was present and witnessed the transaction," further states the MP in his statement of defence dated April 30, 2018.
Editor's Note: An earlier version of this story did not have Mr Nandala Mafabi's defence. The story has been updated to carry it.