Thousands face eviction from contested NSSF land

Thousands of homeowners and companies on contested land in the areas of Lubowa, Lweza, Bunamwaya, and Mutungo are living in fear following a High Court ruling that has exposed them to a possible eviction.

Late last year, the head of the Civil Division of the High Court, Justice Musa Ssekaana, ruled that the aggrieved party in the case, who are five administrators of the estate of the late Prince Yusuf Suuna Kiweewa, a Buganda Kingdom royal, have a legitimate interest in the land and that the same cannot be extinguished without government paying them off.

“It is declared that Yusuf Suuna Kiweewa’s land comprised in Mailo Register Volume 273 Folio was eligible for the issue of a certificate of title under Block and Plot, and his interest cannot be extinguished without payment of adequate compensation unless there is proof that he has sold the land or dealt with it in any such manner that extinguished his interest,” Justice Ssekaana ruled on December 19, 2023.

Some of the key public entities that are affected by the ruling include; housing projects of the National Social Security Fund (NSSF), the National Housing and Construction Corporation, the Joint Clinical Research Centre (JCRC), Roofings Limited, Quality Supermarket Limited and Lubowa Home Owners Association.

Others are Finasiroko Construction Centre, British Education Services, Galaxy International School Uganda, Regina Estate, the International School of Uganda, Africa Bible University of Uganda, Hanik homestay apartments, Lubowa Police Station, NL Josephines Apartments and Sild Guest House, among others.

The Attorney General’s office has since filed a notice of appeal before the Court of Appeal, whose hearing is still pending.

The land in question measures about two square miles.

NSSF Managing Director Patrick Ayota at the weekend said they occupy about 600 acres of freehold land in the Lubowa area, parceled out in 109 separate certificates of title.

He added that said land was purchased in 2003, 2004, and 2017 from Uganda Company (Holdings) Limited, the National Housing and Construction Corporation, Mr Peter Emusgut, and Mitchell Cotts (Uganda) Limited.

“The Fund took vacant possession of the land after each purchase. Portions of the land were subject to disputes and encroachment. However, from 24th February 2020, the Fund regained full and quiet possession of all 600 acres of the land,” Mr Ayota said.

He added: “The Fund is confident that it is the rightful legal owner of the part of the land in question. All original titles are registered in the names of the Fund. Any other claim on this land is fraudulent and amounts to trespass.”

Likewise, Mr Norbert Uwizera, the chairperson of Lubowa resident, said: “The land that became the property of the British colonial masters, and for reasons known to themselves, selectively distributed to the influential of the time seems to remain a square peg in the Ugandan legal pigeonholes. The descendants of such selectively allocated beneficiaries, are likely to cause further collusion of the pillars against the taxpayers and private citizens.”

Background

In 2021, five administrators of the estate of the late Prince Suuna filed a suit in the Civil Division of the High Court, seeking orders to, among others, compel the government to issue certificates of title to them for the land comprised in Kyadondo Block 269 plots 2035 at Nakukuba and Mutungo, Kyadondo Block 269 plot 3034 at Lweza, Lubowa, and Nanziba and Kyadondo Block 265 plot 73 at Bunamwaya.

In the alternative, they prayed that the court issue an order to the government to pay the estate of Yusuf Suuna Kiweewa damages/ compensation equivalent to the market value of the same land.

But the other implications of Justice Ssekaana’s is that the government risks being exposed to demands for compensation in billions of shillings from thousands of homes and landowners and also risks opening itself to various claims in the Kampala Metropolitan and wider Wakiso district from purported land claimants asking for land titles and or compensation.

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