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New twist as Mutungo land claimants fight over cash
Dr Muhammad Buwule Kasasa (in pink shirt) speaks to one of his lawyers at the land probe commission premises in Kampala on February 5, 2019. PHOTO/FILE
What you need to know:
Unra has taken over the disputed land in Luzira for the construction of the Southern Bypass.
The wrangle over the ownership of a disputed piece of land in Mutungo- Luzira, has taken a new twist after one of the claimants in the case asked court to issue orders for him to receive his compensation.
Dr Muhammad Buwule Kasasa, the registered proprietor of the disputed land, has been embroiled in a legal battle with the administrators of the estate of former Buganda King Edward Frederick Muteesa II for more than 20 years over ownership of two prime plots of land in Nakawa Division.
The land in dispute is described as Kyadondo Block 237 at Mutungo – Luzira purchased by Dr Kasasa from Lake View properties in 1978/ 1979.
In November 2022, the Court of Appeal dismissed an appeal in which the administrators were challenging a decision of the High Court.
In March 2020, the High Court dismissed the claim by the administrators of the estate of Muteesa II. Nalinya Dorothy Nasolo, Nalinya Sarah Kagere and Prince David Wasajja are the administrators of the estate.
Through their lawyers, the Muteesa II family members had claimed the same land, reasoning that it formed part of their late father’s estate.
In 2006, the royal family sued Dr Kasasa, saying he had acquired the land illegally because the powers of attorney used to transfer the titles from Muteesa was allegedly forged.
Last year, court ruled that the said land in dispute is owned by Dr Kasasa. But it has since been taken over by the government through the Uganda National Roads Authority (Unra) for the construction of the Southern Bypass.
The government has been occupying the land since 1996 and was expected to pay Dr Kasasa Shs24.6b in interest by 2019.
However, the process was stopped pending a claim by the Buganda royal family.
In February this year, Dr Kasasa filed an application through his lawyers, S.K Kiiza & Co. Advocates, seeking orders to direct the release of compensation funds worth more than Shs1 billion after the dismissal of the claim by royals.
Dr Kasasa filed the application against the administrators of the estate, Unra, and the Attorney General.
In the application before the court, Dr Kasasa asserts that he is the current registered owner of the land and should, therefore, receive compensation from Unra
“I am of advanced age, which requires proper health care and management, which requires finances. The reason I invested in this land is to help me in my old age but the respondents are making it impossible and complicating my lifestyle,” Dr Kasasa said in the sworn statement.
He added: “I am ready and willing to deposit the certificates of title to the government in order to take off the portion affected by the acquired right of way… I urgently need the money to be released to enable me secure medical treatment abroad and also cater for my family.”
Dr Kasasa said he has explored all administrative measures to have the compensation money released to him but in vain.
Justice Flavia Matovu Nassuuna on Monday directed the parties to file responses to Dr Kasasa’s application by June 22.
