WHAT NEXT: Hamis Kiggundu and his lawyer Muwema
NEWS EDITOR MEDIA
WHAT we predicted in all our stories about Kabaka’s Kigo Land, yesterday September 6, 2022 came to pass! Government agreed with His Majesty the Kabaka of Buganda and cancelled Hamis Kiggundu’s Titles he had fraudently acquired on Kabaka’s land without the knowledge of the Land Lord. Thanks to The Commissioner Land Registration, Kabaka’s legal team and Buganda Land Board (BLB), an organisation set up by Kabaka to manage Kingdom land, for the job well done.
Buganda Kingdom petitioned the Commissioner Land Registration to cancel Kiggundu’s titles accusing him of overlapping Kabaka’s land with freehold titles.
According to a judgment signed by Mugaino Baker yesterday, Commissioner Land Registration ordered the immediate cancellation of Kiggundu’s titles citing an overlap on Kabaka’s titles, fraudulent procedures of allocating land by Wakiso district and the fact that the disputed land is a wetland.
This land is situated between Serena-Kigo and Mirembe Villas land, off Munyonyo Spur Road, and extends inwards sharing common boundaries with Serena-Kigo, Mirembe Villas, and the Lake. Usable acreage is 78.086 acres whereas 15.236 acres incorporate access roads.
“By the powers conferred upon me under S.91 of the Land Act, having found that the certificate of titles comprised in Kyadondo Block 273 plots 23974, 23975, 23976, and 23977 subdivided from plot 23720 were illegally issued, I hereby order that the same be cancelled and expunged from the register book forthwith.” Reads the judgement.
The Commissioner’s decision settles the longstanding battle between Hamis Kiggundu and the Kabaka of Buganda over ownership of land in Kigo measuring 140 acres.
NEWS EDITOR MEDIA first broke this story earlier this year when Buganda kingdom stopped activities by Kiggundu where he wanted to construct a road between Mirembe Villas and Serena Hotel Kigo to gain access to what he calledd his land.
Mengo insisted that the land claimed by Kiggundu is Kabaka’s and all titles being peddled were acquired fraudulently.
The matter was then referred to the Commissioner Land Registration to cancel the titles thereon.
Following a cancellation hearing, the commissioner ordered a joint boundary opening exercise to ascertain the true ownership of this land conducted by surveyors from both parties.
“According to both majority and minority reports availed to the office of the commissioner land registration, it is deduced by both reports that there is an encroachment by the freehold titles on the Mailo titles. Both reports agree that plots 23974, 23975, 23976 and 23977 owned by Kiham entreprises ltd encroach onto the Mailo Titles in plots 38, 87,99 and 110 owned by the Kabaka of Buganda,” reads the Commissioner’s judgment.
He adds, “Therefore, it is questionable how a professional survey could have been undertaken to create on overlay on an already existing title. Without any doubt, such survey process was flawed and an illegality that resulted in double titling.”
The Commissioner Land Registration therefore said, “My finding that the freehold titles owned by Kiham Entreprises Ltd overlap the Mailo Titles owned by Kabaka of Buganda, which is illegal.”
The judgment further points out that the said land is a wetland given that it is found in the lake reserve area.
“It is therefore my finding that even if the land was public land, Wakiso District Land Board illegally gave out in grant of freehold to Kiham Enterprise subject land when the same is a wetland. It was therefore illegal for Wakiso Ministry Zonal Office to title land which was a wetland on recommendation of the land board.” Reads the judgement in detail.
There was also a contention on the procedure followed in the allocation of the said land, with Kabaka’s lawyers saying the area land committee used does not have jurisdiction over the said land.
“It is, therefore, my finding that the applications for grant of freehold having been handled by Kajjansi Town Council yet the land falls under Makindye Ssaabagabo Area Land Committee was illegal and affects the root of the title. The titles should therefore be cancelled having been flouted in the procedure of their allocation.” Said The Commissioner Land Registration.
WHEN KABAKA’S LAWYERS LEFT KIGGUNDU SWEATING PLASMA @ COMMISSIONER’S OFFICE
Lawyers from two popular legal firms of Ms. K&K Advocates (Kiwanuka & Karugire Advocates) and Ms. S & L Advocates (Sebalu and Lule Advocates) acting on instructions of Buganda Kingdom first advised businessman Hamis Kiggundu to conceed cancellation of these fake titles and make an apology to His Majesty The Kabaka of Buganda, his officials and to all the people of Buganda for the plot he had crafted to grab Kabaka’s land or he will be made to pay for his sins! Kiggundu remained adamant!
This was during a tribunal hearing at the Commissioner Land Registration officer in Kampala a few weeks ago.
Kiggundu was asserting that he is the rightful owner of the land and that he legally obtained it from the Wakiso district Land Board although Wakiso Land Board disowns him saying signatures were forged.
According to an insider at the office of the Commissioner Land Registration, Kabaka’s lawyers arrived at the tribunal in time for hearing, ready to expose Hamis Kiggundu who they insist faked titles on Kabaka’s Kigo land.
They petitioned for the cancellation of these fake titles so that Ham doesn’t hoodwink other people and sell them this land which doesn’t exist.
Hamis who a few days ago went to Mengo and confessed before cameras how he gave up on Kabaka’s land, shockingly ate his vomit when he changed his mind and protested cancellation of the fake titles.
Commissioner Land Registration tribunal summoned the two parties to listen to them before pronouncing himself on the cancellation application.
Minutes later, after the arrival of Kabaka’s lawyers, Hamis Kiggundu entered with his front man Edward Nakibinge with whom they claim ownership of Kigo land through Kiham Enterprises Ltd.
Kiggundu who looked frustrated because of the absence of his lawyer Muwema, was seen moving up and down, making endless calls to someone whom our sources believe was his lawyer Fred Muwema of Muwema & Co. Advocates.
Later, counsel Muwema arrived and on his arrival, he asked tribunal for adjournment to grant him more time to study his client’s titles.
“We are asking for a two weeks’ adjournment…” pleaded Kiggundu’s lawyer Muwema, to which Kabaka’s lawyer objected saying that was too much time. “There is nothing much Muwema was studying, the fact is Hamis Kiggundu’s land titles are fake, they should just be cancelled, nothing much.” Said Kabaka’s lawyers. Tribunal gave Muwema only one week.
After adjournment, Hamis Kiggundu approached Kabaka’s lawyers and asked them why they are tainting his name before Kabaka’s subjects yet he is a loyal subject.
In his response, one of the lawyers told Kiggundu, “You are just making false allegations. None of us has ever gone to media houses to spit fire against you like you do against Buganda Land Board officials. We have your recordings to the media blackmailing some BLB officials and labelling them as fraudsters. By the way, after this land matter, we have other instructions to sue you over your defamatory statements against Kabaka’s officials.”
In fact while addressing media a few days ago, Hamis Kiggundu named BLB officials he wanted Katikkiro Mayiga to investigate for what he termed as being fraudster.
These officials said Kiggundu is targeting them because they blocked his deal to grab over 140 acres of Kabaka’s Kigo land.
Hamis Kiggundu first requested for boundary opening to ascertain his freehold land from Kabaka’s mailo land to which Kabaka’s lawyers said they had no objections.
For starters, boundary opening is a method for determining the exact borders of a piece of property. It mainly focuses on the definition of the corners of a plot.
In a letter dated May 24, Mr. Henry Opio Ogenyi the Permanent Secretary, Ministry of Lands, Housing, and Urban Development
said there were overlaps between Kyadondo Block 273, Plot 38 (Mailo Title) and Kyadondo Block 273, Plots (23974, 23975, 23976, and 23977).
The Ministry called for a boundary opening exercise to determine the exact borders of the 140-acres of land in Kigo which Hamis Kiggundu claims.
In a letter to CEO Buganda Land Board, Mr. Ogenyi said, “There is a need for boundary opening of plots 23974, 23975, 23976, and 23977 in relation plot 38, all Kyandondo block 273.”
Kiggundu had also proposed that a joint boundary opening exercise of both the freehold land titles comprised of Kyadondo Block 273 Plots 23974, 23975, 23976, 23977 and the Kabaka’s Private Mailo land comprised of Kyadondo Block 273 Plots 87, 99,110 be carried out to seek clarifications and ascertain the true location of both properties and as a way of confirming that the two properties are separate, do not overlap into one another.
KABAKA’S LAWYERS PUT TOUGH TERM
Kabaka’s lawyers said, “We also want boundary opening, however, land boundary is opened on two genuine titles but Kiham’s titles are disputed, they are fake. Let’s first put Hamis Kiggundu’s titles on a test of legality.”
“First question/procedure which Mr. Kiggundu must address, is the authenticity of his titles. How did he get them? Officials of Wakiso Land Board say their signatures were forged, and you call that a genuine title?” Asked Kabaka’s lawyers.
Secondly they asked Kiggundu to explain how Kajjansi Town Coucil land committee sanctioned him to get this land yet the disputed Kabaka’s Kigo land is in Makindye Ssaabagabo Municipality.
“Don’t you think may be your land is somewhere else not in Kigo as you allege?” Lawyers asked.
Kabaka’s lawyers said, the whole Country was mapped, if Hamis says his land is in the lake area, which is public land,
“Public land comes from crown land. Crown land was crown grant. We are asking Kiggundu for his crown grant number if he is talking about owning public land.” Asked Kabaka’s lawyers, and Ham had no answers. No wonder, he lost the battle!
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