Prime
Court orders retrial of Amin’s claims over Mbuya Barracks land
What you need to know:
- Justice Cheborion Bashariki in his lead judgment dated December 22, 2021, reversed all the orders of High Court issued more than 10 years ago that had thrown out claims by the former president’s daughter over the said land.
The Court of Appeal has ordered that the contested prime land housing Mbuya Army Barracks in Nakawa Division, be handed back to Muye Mayimuna Amin, the daughter of former president Idi Amin.
Justice Cheborion Bashariki in his lead judgment dated December 22, 2021, reversed all the orders of High Court issued more than 10 years ago that had thrown out claims by the former president’s daughter over the said land.
The Court of Appeal also ordered that Ms Mayimuna’s case be sent back to the High Court for a fresh trial on its merits before another judge.
Other justices who concurred with the lead judgment are Stephen Musota and Christopher Madrama.
“The appeal is allowed, the ruling and all orders delivered on December 23, 2011 are hereby reversed and set aside. The orders by the trial court for cancellation of the appellants title (Mayimuna) for the land comprised in freehold register Volume, 210 Folio 11 at Mbuya and all entries there is set aside and the commissioner-Land Registration, is ordered to reinstate the appellant (Ms Mayimuna), ”ruled Justice Cheborion.
“The matter is remitted back to the High Court for trial before another judge,” he ruled.
Ten years ago, High Court judge Joseph Murangira dismissed the law suit in which Mayimuna was suing Metropolitan Properties Ltd over the Mbuya Barracks land.
She also wanted court orders cancelling Metropolitan Properties Ltd’s certificate of title and a permanent injunction issued against it and also restrain it from carrying out activities on the said land.
Amin’s daughter had claimed that she was the registered proprietor of the contested land.
She said before she was registered as proprietor, the Uganda Land Commission had at one time been registered as the proprietor. The contested land was subsequently transferred into the names of Idi Amin.
She avers that despite her subsisting interest in the said land, the Uganda Land Commission without any right of ownership, purportedly leased part of the land to Metropolitan Properties Ltd.
The lease was initially for five years effective December 1, 2004, but was later extended to a further 49 years effective December 1, 2004.
Metropolitan Properties Ltd had in its defence before the High Court stated that they lawfully acquired the title of the suit land on January 7, 2005, and that prior to entering, it had entered into a lease with the Uganda Land Commission.
When the matter came up for hearing before Justice Murangira, a preliminary objection was raised that Ms Mayimuna’s own court pleadings were based on an illegality.
The judge agreed with the application and dismissed the case on December 23, 2011, holding that Mayimuna’s freehold title was null and void and that she had no cause of action against Metropolitan Properties Ltd.
Being dissatisfied with the dismissal of the case, Ms Mayimuna filed an appeal before the Court of Appeal, leading to court ruling in her favour and ordering a fresh trial before another judge.
