Court has allowed five family members to pursue their legal right on land measuring 948.15 acres at Nakigalala and Kansiri Estates, in Wakiso District against Madhivani Group Limited.
Family members are Fredrick Jjunju , Nakalaali Abdullatif, Sirimani Ssebirumbi , Nawango Muhammed and Kiggala Joseph who are the administrators of the Estate of the late Yusuf Ssuuna Kiweewa.
In September 2014, the High Court had declared Madhivani Group Limited as the lawful and registered owner of the land in question.
Court had also declared the family members as trespassers and other more than 70 occupants on said land and ordered for their eviction and also pay the company Shs200m in general damages.
However Justice Naluzze Aisha Batala of the Land Division of the High Court allowed the family’s application and ruled that the court had decided in favour of Madhivani without hearing the side of the five family members who have a claim of right over the land that is on the face of it, legitimate.
“I have studied the Microfilm Report issued by the Ministry of Lands, Housing and Urban Development attached as Annexure to the affidavit in support of this application that confirmed that the suit land belonged to the late Yusufu Ssuuna Kiweewa and thus casts doubt on the title of the respondent (Madhivani)” the judge held.
According to Justice Naluzze, the family members’ claim of ownership is further corroborated by the report of the Criminal Investigations Directorate of Uganda Police which questioned the procedure under which the said plots of land were converted from Mailo land tenure to Freehold tenure, without proper documentation and/or deed plan.
“I am satisfied and therefore find that the applicants, being administrators and beneficiaries of the estate of the late Yusuf Ssuuna Kiweewa suffered a legal grievance and as such have locus to review the judgment of this court in Civil Suit No. 615 of 2012” the court ruled.
However, the judge explained that the court was not required to inquire into the merits and or determine the legality in the claim of ownership of the suit land as it seemed to be invited by both lawyers for the parties.
The court decision followed an application in which the family members asked the court to review its judgement that validated Madhivani group Limited’s ownership of the land in question.
Court heard that the process of acquisition and conversion of the suit land by the Madhivani Group Limited was illegal and or fraudulent and that the allegations are confirmed by the report of the Ministry of Lands and Uganda police because the company did not produce any evidence to rebut both the allegations and the reports of the government entities.
Justice Naluzze held that issues of fraud and or illegality raised by the family to impeach the title of Madhivani Group Limited are serious and as such, require thorough scrutiny by this court. This can only be achieved in a trial.
“I have read the judgement of this court in Civil Suit No. 615 of 2012 and I agree with counsel for the applicant that by upholding the respondent’s certificate of title to the suit land, this court in effect deprived the applicants of their ownership of the same. This is so because a certificate of title is conclusive evidence of ownership of the parcel of land against the whole world,” the court ruled.
The judge held that the issues raised by the family were strong enough to re-open the case because the issues were not discussed at the hearing of the case yet are so pertinent that they go to the root of the question of ownership of the said land and cast doubt on the legality of Madhivani’s title to the land comprised in FRV 45 Folio 2 at Nakigalala under Section 160 of the RTA.
“Denying the applicants (family) an opportunity to present their case and also impeach FRV 45 Folio 2 would in my opinion occasion a miscarriage of justice,” held Justice Naluzze before directing the family to five of their pleadings.
Meanwhile, the matter is yet to be heard and determined by the Land Division of the High Court.