Ministry cancels soldier’s land title near oil field

The ministry of Lands, Housing and Urban Development has cancelled a land title belonging to retired Maj Gen Wilberforce Fred Mugisha and two others.

The ministry says the land in Wanembo-Boma village in Butiaba Town Council, Buliisa District was illegally acquired.
Mr Baker Mugaino, the acting commissioner of land registration, said the  decision was taken after public hearings and careful scrutiny of the available records and documents.

“Pursuant to the provisions of Section 91(9) of the Land Act (Cap.227), this is to inform you that upon conducting a hearing into the said matter on the November 22, and upon perusal of the supporting documents and the records in this office, I have decided to cancel the certificate of title comprising in Freehold RegisterVolume MAS49 Folio 4, Bujenje Block 1 Plot 25 in the names of Mugisa Wilberforce Fred, Mugabi Stephen and Kiiza George having been illegally or wrongfully obtained,” he said.

For years now, the locals in Butiaba and other parts of Buliisa have been embroiled in land battles with Maj Gen Mugisha.

Trouble reportedly started in 2003 when President Museveni requested residents to offer land for building a military barracks. 

However, after offering the land, men in uniform and others partitioned the remaining plots among themselves. Later, it was discovered that the oil pipeline and other infrastructural projects would pass through the contested land. 

The locals accuse the trio of grabbing their communal land and changing the status to freehold and eventually obtaining a land title.

Through the Justice Centre Uganda, the community submitted that the act amounted to fraud, adding that they want the title cancelled.

“We wish to bring to your attention that the said persons’ acts are fraudulent in nature and intended to deprive the rightful community members of Wanteembo-Booma villages of their communal interests in the said land,” the submission reads in part.

Mr Mugaino in his letter asked the trio to return the duplicate copies of the land title to the Lands ministry for onward cancellation without fail. 

“... If you are aggrieved by the decision of this office on the matter, you have a right to appeal to the Courts of Law within 60 days from the date hereof in accordance with the provisions of Section 91(10) of the Land Act,” he said.
Mr Denis Obbo, the lands ministry spokesperson, yesterday confirmed the cancellation.

“We checked all the records and also conducted public hearings with both parties in attendance in Butiaba and it was after that the titles were cancelled,” he said.

Mr Obbo said the cancellation is a clear indication that the ministry does not condone land grabbing.

Mugisha to appeal
Mr Brian Kabayiza, the lawyer representing Maj Gen Mugisha and others, yesterday told Daily Monitor that his client had given him instructions to file an appeal at the courts.  “So I am working on an appeal, which I will file within the 60 days as given by the law,” he said without delving into much details.

Prior to the cancellation, Mugisha and the company through Abayiza, Kavuma, Mugerwa & Advocates, argued that they were the bonafide owners of the land.

They said the issue of fraud is not under the jurisdiction of the registrar of titles and therefore cannot cancel their title based on the allegations of fraud.

“The same complaint is ought to be determined on framed issues of fraud, a matter or an issue that is not within the powers or Jurisdiction of Registrar of titles to adjudicate upon, under the applicable laws in Uganda. We pray that this complaint be disallowed on this basis,” the lawyers argued.

Locals say

Mr Moses Asaaba, the chairperson of Butiaba Town Council: “I welcome the ruling and I am happy that finally a decision has been taken and we can now think of development. However, we still have some close to 60 days before we can start anything on the land. Secondly the fact that the title has been cancelled does not mean that the land does not belong to them.” 

Aden Kasangaki, Secretary General of Booma Farmers Communal Land Association: “The boundary between UPDF barracks and Community should be opened to put to an end continuous harassment of civilians by military men. We request the president, minister of defence and CDF to compensate us sufficiently for the barracks land taken by UPDF since each family head was given only Shs550, 000.”