How seven squatters sold off govt land 

Seven quarters are in the spotlight over an alleged fraudulent sale of government land in Kiryandongo District.

The land in question measures about 2,000 acres.

Their action has left more than 1,000 households in Nyamutende Village, Kitwara Parish in Kiryandongo Sub-county dispossessed.

The affected residents have lived in the land formerly known as Ranch 22, now LRV MAS2 Folio 8 Block 8, for 30 years. This newspaper established that around 2017, the residents applied for a lease of the said land from Kiryandongo District Land Board through the Directorate of Land Matters at State House.

As they were still waiting for their application to be processed, they were shocked to establish that the land had instead been leased to and registered in the names of people who also happen to be quarters.

The lease of 49 years, a copy of which has been obtained by this newspaper, was registered on February 20, 2019, under instrument No MAS-00001347 by seven people being referred to as “joint tenants”.

The affected households’ lawyer, Mr Peter Arinaitwe of M/S Arinaitwe Peter & Company Advocates, said after their clients protested the move, they later discovered that the said land had already been sold to one Robert Maseruka.

“Aggrieved by these actions, the complainants appealed to the office of the Resident District Commissioner (RDC) of Kiryandongo who advised them to institute proceedings against the seven people,” Mr Arinaitwe wrote to Mr Sam Mayanja, the State minister for Lands, Housing and Urban Development, in a February 8, 2023, letter.

The RDC’s office, he said, assigned one Samuel Mbabazi to assist the affected households. Accordingly, Mr Mbabazi filed a suit on October 15, 2019, at the Masindi High Court against the said registered proprietors.

The civil suit, number 46 of 2019, was filed against Julius Isingoma, Simon Mwesige, John William Musokota, Gerald Tumusiime, Messener Gabriel Wabire, Richard Ocema, Wilson Shikhama, and Robert Maseruka, who allegedly bought the land.

Mr Mbabazi, who sued in the representative capacity of 350 people, was challenging the illegal and fraudulent registration, sale and transfer of the subject land to Mr Maseruka.

While waiting for the progress of the case, the complainants were further surprised to find that the said Mbabazi, instead of assisting them, went into a consent, settling the said suit on victims’ behalf without their knowledge or consent.

The consent judgment was entered on October 22, 2020, before Mr Kintu Simon Zirintusa, the Masindi High Court’s assistant registrar.

Among the terms of the said consent judgement was that the residents of Nyamutende Village would be compensated for an unspecified sum of money and would in return vacate the land.

“As if that was not enough, the said Maseruka is going ahead to execute the said consent judgment by forcefully evicting the occupants without compensation. This, has, however, prompted the complainants to challenge the said consent judgment by applying for its review and setting aside at the Masindi High Court,” the lawyer said.

The miscellaneous application No.11 of 2022 (arising from civil suit No. 46 of 2019) was filed by Tom Khauka, Michael Masaba, Caleb Mushaija, Naume Ndyamuhaki and Allen Kobusingye.

The hearing of the case is scheduled to take place on March 29.

“Sensing the imminent threat of eviction, we also filed an application for interim stay of execution of the said consent to avoid rendering their application for review nugatory but unfortunately the same could not be heard on February 6 – the date it was fixed for hearing,” Counsel Arinaitwe added.

The lawyer alleged that on Thursday last week, three tractors being driven by Mbabazi’s six workers “encroached” close to 50 acres of his clients’ land and started ploughing it but his clients protested and chased them away.

“We have, however, been shocked to receive information that on February 6, 2023, at midnight, three police patrols invaded Nyamutende Village and arrested members of the community and took them to Kiryandongo Police Station where they are currently detained,” Counsel Arinaitwe said.

Mr Julius Hakiza, the Albertine region police spokesperson, when contacted on Monday said the matter was being handled by the police in Kampala.

Complainants speak

Peter Arinaitwe, complainants lawyer:   “As if that was not enough, the said Maseruka is going ahead to execute the said consent judgment by forcefully evicting the occupants without compensation. This, has, however, prompted the complainants to challenge the said consent judgment by applying for its review and setting aside at the Masindi High Court.”