Former Operation Wembley Commander, retired Maj. Gen. Elly Kayanja, and his wife, Jennifer Ruth Birungi Kayanja, have lost their appeal after the Court of Appeal upheld the cancellation of their land title over a 53.64-hectare (about 132.5 acres) property in Kabulengwa, Kyebando in Wakiso District.
In a judgment delivered on May 29, 2026, Justice Florence Nakachwa dismissed the appeal and affirmed earlier High Court findings that the registration of the land in the Kayanjas’ names was tainted by fraud and illegality.
The court ordered the Commissioner for Land Registration to cancel the titles held by the Kayanjas and their predecessor, Miriam Kikomeko, declaring the registrations void from inception.
The dispute stemmed from High Court Civil Suit No. 232 of 2009 filed by six residents, who sought recognition as lawful and bona fide occupants of the land, cancellation of the contested title, and protection from eviction.
The Court of Appeal upheld an earlier judgment on admission that had already confirmed the residents’ lawful occupation, noting that the issue was no longer in dispute after both parties agreed on occupancy during earlier proceedings.
Justice Nakachwa found that the original lease over the land, issued in 1978 to the late Cephas Kikomeko, expired in 1983 and was never lawfully renewed.
The court held that the subsequent registration of Miriam Kikomeko in 1997 occurred long after the lease had expired, making the registration invalid.
“There was also uncontroverted evidence… that at the time Miriam Kikomeko procured registration… the lease had long expired in 1983,” Justice Nakachwa noted, adding that the registration was “illegal and void ab initio.”
The residents told court that the land formed part of a larger estate historically linked to the Kabaka of Buganda and that they had occupied it for decades.
The court also examined the involvement of the Kayanjas, finding that Maj. Gen. Kayanja had engaged with residents during meetings where the ownership dispute was clearly raised.
According to the judgment, Kayanja was aware of conflicting claims over the land but proceeded to purchase it from Miriam Kikomeko despite warnings from residents that her title was disputed.
Justice Nakachwa rejected the argument that the Kayanjas were bona fide purchasers without notice, saying evidence showed they proceeded despite knowledge of the dispute.
“The 1st Appellant availed himself to the Respondents under the disguise of assisting them… but instead turned around… to procure registration himself,” the judge held.
The court emphasized that although land titles are generally protected under the Registration of Titles Act, such protection does not extend to titles obtained through fraud or illegality.
It therefore declared both the Kikomeko and Kayanja registrations over LRV 1039 Folio 19, Block 303–305, Plot 17 fraudulent, illegal, and void from inception.
The Court of Appeal dismissed the appeal in its entirety and awarded costs to the residents.