Businessman petitions commissioner over Kigo land

The commissioner of Land Registration, has been petitioned to intervene in a dispute over Kigo prime land between Buganda Land Board (BLB) and businessman Hamis Kiggundu.

In a September 20 letter written by the Muwema & Co Advocates and Solicitors on behalf of the businessman, Mr Kiggundu contends that the office of the commissioner of Land Registration, launched a public survey of the said contested land on June 14.

Key findings of the commissioned report states that Kiham Enterprises, one of the companies of Mr Kiggundu, is the registered proprietor of the land in question.

“A key finding of the above report is that our client is the defacto registered proprietor of several parcels of land created on public land found on the said Block 273,”the complaint to commissioner reads in part.

It adds: “The other key finding is that the above leasehold land titles which encroach on our client’s land, and were created out of mailo land titles comprised in Block 273 Plots 38, 87, 99 and 110, all sit on the same public land.”

The petition is part of the complaints raised by the businessman in regard to the land dispute between him and BLB. The land is located on Block 273, in Wakiso District.

On September 6, the acting commissioner of Land Registration, Mr Baker Mugaino, cancelled land titles that had been issued to Kiham Enterprises.

Commissioner’s ruling

The commissioner argued that he had based his decision on the fact that there was a title overlay against titles that were issued earlier.

“I note that the procedure of allocating the land for the freehold titles were flawed and had irregularities and the commissioner of Land Registration being the statutory custodian of the land register, cannot maintain certificates of title on register where the due process of surveying, area land committee meetings involved illegalities that misled the office to issue titles,” Mr Mugaino ruled.

Mr Mugaino also said the disputed land was a wetland protected by law and doctrine of public trust. He quoted Section 91(2), which gives him powers to cancel certificates where the same are issued illegally or wrongfully.

But Mr Kiggundu contends that it was improper to cancel his titles on the basis of alleged procedural irregularities which were “neither pleaded nor proved at the public hearing”.

He also accuses BLB of conniving with the commissioner of Land Registration to cancel his titles without following proper procedure. He wants this decision to be set aside.

Consequently, Mr Kiggundu has questioned how leasehold titles which allegedly encroached on his 140-acre piece of land at Kigo, were created out of mailo land titles.