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How surveyor got 150 acres of contested land in Wakiso
Some of the affected bibanja holders attend a meeting in Busamba Village, Wakiso District, on December 20, 2022. PHOTO/FILE
What you need to know:
- The administrators of the land allocated KATA Geomatics Company 150 acres to process their land Titles.
The future of more than 1,000 bibanja holders, who have for decades lived on the now contested family land, on Busiro Block 53 Plot 15, measuring 1,044.9 acres, in Namayumba Sub-county, Wakiso District, hangs in the balance after a surveyor acquired more than 150 acres.
Mr Richard Ssemitala, one of the alleged administrators of the land in question (estate of the late Gabudyeri Lubajja), last Friday said administrators, including himself, allocated 150 acres, which are part of the contested land, to Ms Berna Nakato from KATA Geomatics Company, in exchange of its services. The company does land surveying and processes land Titles.
The alleged administrators of Lubajja Estate gave Ms Nakato land where bibanja holders have lived for generations. The contested land covers Busamba, Gayaza, Kanziro, Kabuye, and Kinyika/Kiryankoko, among others villages.
The land was given away without informing the bibanja holders who over the years have been paying the nominal ground rent, aka busuulu. Busuulu is one condition stipulated in the Land Act as the only condition under which a landlord can evict a kibanja holder or tenant.
Mr Ssemitala said the administrators assigned Nakato’s company to open land boundaries, conduct land divisions and also process land titles for the pieces of land that he said were divided among the nine families of the late Lubajja family.
“It is true that Ms Nakato has a land title for plot 388. It is not a surprise to us as a family that we allocated 150 acres of land to her. Ms Nakato is among the owners of KATA Geomatics. We agreed with this company to help us open boundaries, carry out land division, and secure land titles. We didn’t have the money to pay her, but she instead agreed to foot all the bills in exchange with 150 acres of land. It is wrong to politicise this issue,” he said.
Broke landlords
Mr Ssemitala further explained that when the nine families of the late Gabudyeri Lubajja failed to raise the money that was needed for opening boundaries, dividing the land among family members and acquiring land titles, the land was the only option that they had to use to have the assignment accomplished.
This clarification comes days after some of the locals in the affected villages raised an alarm when they discovered that Ms Nakato had acquired a title for Plot 388 in Namayumba Sub-county, Wakiso District.
“Reference is made to your request for search. This is to inform you that the following entries appear on the titles register as follows. Title, Land at Busamba Busiro Block 53, area; 60.8680 hectares, owners, Berna Nakato, registered on January 12, 2023 at 4:48 pm under instrument number NO.WBU-00347301,” the statement of search stated.
Mr Ssemitala claimed that their transactions with Ms Nakato were legal and that the latter had been executing her assignments for about 11 months and the exercise was still ongoing.
“The demarcation is ongoing and the titles are out. Each family has received its portion of 50 acres each. As a family, we sat and agreed that bibanja holders will not be evicted, but will agree with a given family to either pay busuulu or buy the land/acquire the land titles,” Mr Ssemitala explained.
He said some of the families of the late Gabudyeri Lubajja include that of a one Alumansi Majweega, Kitya Munyolo, Edward Kaddu, Musisi Lutakome, Yosephine Nambolanyi, Florence Tebalyowa, and Mariam Nabanja.
Mr Ssemitala also explained that occupants of the land that was acquired by Ms Nakato will discuss and agree on whether to pay busuulu (ground rent) or rebuy the land by acquiring the land titles.
He also revealed that a decade ago, they processed a special title for the land on Busiro Block 53 Plot 15, measuring 1,044.9 after failing to trace the original title of the same piece of land.
Surveyor speaks out
In an interview with this publication, Ms Nakato confirmed that she was the rightful owner of 150 acres of land, which is part of the contested land on Busiro Block 53 Plot 15.
“I was approached by the administrators of the land and the head of the Mbogo Clan who asked me to open boundaries, subdivide the land and help them to process land title. We were paid 150 acres of land for that job which was indicated in their inventory. I processed my title on January 12 and we have not chased anyone off the land,” Ms Nakato said.
“Whatever I did was legal. I was helping out these poor people. The administrators had letters of administration which they acquired in 2010, had a land title, had filed the inventory and their file for the subdivision was ready,” she added.
Mr Ssemitala claimed that Lands minister Judith Nabakooba had not stopped the family from demarcating the land.
“The minister did not stop the demarcation but she said family members who had received their portions should not evict the bibanja holders. We have never evicted anyone. As I speak, about 20 squatters have agreed to get titles. Officials from KATA Geomatics are helping us to ensure that the process does not displace anyone,” he said.
On the issue of the pending case filed in courts of law by five family members of Lubajja family, Mr Ssemitala described it as a useless case that was meant to disrupt their activities.
Available court documents indicate that five family members with the support of more than 1,000 bibanja holders, who since last December, have lived under the shadow of a looming eviction, sued Mr Ssemitala and Eusterius Ssegantebuka, the alleged administrators of the estate of the late Gabudyeri Lubajja. All parties are expected to appear before the registrar on March 14, 2023.
Responding to the issue of allocating 150 acres to Nakato, Mr Mathias Mulumba Ssegantebuka, another grandchild of Lubajja and a lawyer by profession, said the land transaction between the administrators and Nakato was illegal.
Mr Ssegantebuka also calls himself the acting administrator of the estate.
“Under Section 333A of the amended Succession Act, what Ms Nakato did was an illegality. I can assure you that her Title will be cancelled by court. We shall do what it takes to ensure that the bibanja holders are protected,” he said.
“We have an application for an interim that is coming up next Tuesday that will stop her from doing any act, and subsequently have the temporary injunction that will stop her from doing any further act until the final determination of the matter,” Mr Ssegantebuka added.
On December 20, 2022, officials from Wakiso District and the Ministry of Lands held a meeting with the two families and bibanja holders. During the meeting, Ms Nabakooba halted all activities on the disputed land.
The law
Although Ms Nakato says she was paid with 150 acres of contested Busamba land, under section 333A of the Succession Act, beneficiary’s estate cannot be part of the payment for any services rendered. “A person who acts on behalf of a beneficiary of an estate in any matter shall not acquire any part of interest of the beneficiary in the estate as payment for the services rendered,” the Act reads in part.
