Buyers caught up in family battle over Kayunga land

More than 10 grandchildren of the late Yowana Birigwa are currently embroiled in a land dispute that has left owners of fuel stations and other buyers on tenterhooks.

Ms Florence Nakubulwa Namukasa, a daughter of the late Yozefu Kasule, one of Birigwa’s two children, is battling her half siblings: Mr Vicent Kasule Kibirige, Mr Charles Ssenfuka Kibirige, Mr John Ssebunya and Ms Leticia Nanfuka.

The wrangle started approximately 10 years ago when Ms Namukasa reportedly applied for letters of administration for the 13 acres of land on Block 263 plot 23 in Kayunga Trading Centre, Gombe Village in Wakiso District.

After getting the letter, she reportedly made herself and her two siblings; Elenawio Kulumba and Margret Nakande, the administrators of the estate. The latter two then applied for a special title on the 13 acres of land, which have become a centre of controversy.

Years later, the other children also applied for letters of administration, which were granted to them by the High Court judge, Justice Faith Mwondha, on May 2, 2013.

After acquiring the letters, the quarter then applied for change of the land title from the late Birigwa so that they could dispose of the property, only to find that Namukasa and her siblings had already taken over the property.

“We sought assistance from the Ministry of Land and reported everything. We provided the relevant documents and battled for some years before winning. It was discovered that she (Namukasa) applied for the letters in a wrong administration cause number,” Mr Kasule said.

As they were still battling the case, Ms Namukasa reportedly, with the help of police and the resident district commissioner, went on to subdivide the land into 33 plots which were all later cancelled.

“After realising that we had defeated her, Namukasa last year came up with a new scheme and planted a non-existent kibanja (plot) holder on our land, who claimed that she owns eight acres of the land,” he said.

The purported kibanja holder, an 80-year-old Mastula Namugga, who is the second vendor on the sales agreement, reportedly petitioned the Office of the President for intervention.

The family protested against Ms Namugga, whom they said has never been on the disputed land. The State House report cleared her, which bred the current conflicts.

In her report dated April 23 titled, “Petition between Namugga Nanfuka and Mr Sebunnya, Mr Kibirige Vicent and Senfuka Charles concerning kibanja at Kayunga ‘C’ Ward LC1 Wakiso District”, the assistant presidential secretary at the Department of Land Matters at State House, Ms Annet Kabahuma, ruled in favour of the kibanja holder.

Ms Nanfuka was given the green light to take possession of her kibanja. Ms Kabahuma also requested the LC1 chairperson to register all the concerned parties who are squatters on the land.

“It’s upon this report that kibanja holders, whom we have never seen on our land, conniving with Namukasa, who is using the fake letters and cancelled title,  started selling off our land. They are being helped by a suspected land grabber,” Mr Kasule said.

The administrators, thereafter, filed a civil suit under number 395 of 2023, opposing the sales and also requested a court order.

On June 21, the Registrar of the High Court Land Division, issued a Misc Application Number 882 of 2023 with orders that the status quo on the contested land remain.

A temporary injunction, restraining all parties, their agents or asignees from constructing, selling, alienating or in any way dealing on the said land was also granted by Mr Simon Kintu, the Assistant Registrar.

This communication was further passed to the area police in a June 26 letter by Jimmy Shunu Chepkuru on behalf of the Inspector General of Police (IGP).

The Kampala Metropolitan North Regional Police Commander, in the July 5 response letter, assured the IGP that police officers would offer necessary security as this order is implemented.

“It’s a pity that as we speak now, the construction is going on. We need justice, our land is being grabbed on our watch,” Mr Kasule said yesterday.

Part of the disputed land has since reportedly been sold to some fuel companies and other officials in disregard of the court order.

The administrator’s lawyer, Mr Swaibu Kikomeko, on Tuesday said they were filing a contempt application to the High Court yesterday in regards to what is happening on the land.

“All these so-called sales are in contravention of the court order. We have written officially to the concerned CEOs (chief executive officers) of the fuel stations and other companies before we conclude that they are part of these funny deals because fraudsters normally use this trick to steal people’s land,” Mr Kikomeko said.

In an interview with this newspaper yesterday, Mr Hussein Kasule, one of Ms Namukasa’s grandsons, said the property administrators are not being fair to them because they (administrators) are the ones trying to grab their property.

“It is true those people are the rightful administrators of the property but that does not make them the owners. Our grandmother (Ms Namukasa) and them are half siblings. Our grandfather, the late Yozefu Kawalya Kasule, the son of late Birigwa, married two women; their mother and our grandmother. Fortunately, theirs was the legal wife, who was given the largest property in Lusiti, Namayumba Sub-county in Wakiso District, amounting to 25 acres,” he said.

He added: “He also gave our grandmother this land measuring 13 acres in Kayunga. After their death, those people sold off their property and are now forcefully trying to take over this land, which belongs to my mum and her siblings.”

Efforts to get a comment from police was futile as the KMP spokesperson, Mr Patrick Onyango, promised to get back to us but had not done so by press time.

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