The Ministry of Lands, Housing and Urban Development has canceled a second land title for Masaka Children’s Park, which was reportedly acquired fraudulently by a private developer.
The canceled title is located on Elgin Road in Masaka Town; measuring measures 2.17 acres whose ownership has been under dispute between Masaka City Council and the family of late Francis Kakumba which also claims to have acquired the same land in 2011.
In July this year, Sylvia Nagujja Kakumba formally applied for a holding permit for the same land, indicating that they were the rightful owners of the land and intended to occupy it for development.
However, a sharp dispute arose when a section of the local leaders led by Juliet Kakande, the Masaka City Woman MP opposed the takeover of the land arguing that the council still has a running lease for the said land and the second land title was irregular.
According to Kakande, in 1958, the former Masaka Town Council obtained a 99-lease offer for the same land, which was accordingly gazetted for a Children’s Park and there has never been a transfer signed to allocate the land for private use.
Besides, Kakande says that the original certificate of title indicates that the disputed land title is located on plots 64-75 Elgin Road in Masaka town; but the new title places the same property on 58-72 Bwala Road, which raises serious suspicions.
They accordingly resisted the planned takeover of the same land before they also petitioned the Ministry of Lands, Housing and Urban Development to investigate the modalities under which a second land title was issued before the original lease expired.
In an arbitration meeting between the two warring parties at the Ministry of Land, Baker Mugabo, the Commissioner for Land Registration recalled the second land title for eventual cancellation observing that it was issued in error.
He indicates that their studies had established that the same property had overlapping certificates of title, which is not permissible under the Registration of Titles Act.
Mugabo indicated that there was no way a second title could be issued on a piece of land that still has a running lease.
Meanwhile, Zahara Nalubyayi, the Masaka City Female Councilor for the Kimanya-Kabonera division has appealed to the Ministry of Lands to conduct an inquiry on the issuance of overlapping land titles, suspecting connivance between the staff in the lands zonal offices and unscrupulous politicians who sale of public assets for selfish gains.
She says that several public assets in Masaka City Council have been irregularly lost in dubious transactions by politicians and some corrupt staff at the Ministry of Lands.
Besides placing a caveat on the same land, Nalubyayi indicates that they are going to reach out to the family of the late Kakumba to reveal the circumstances under which they obtained the certificate of title, to help in prosecuting the culprit.
However, Charles Ssekyewa, a Lawyer representing Sylvia Nagujja Kakumba says they are pondering to challenge the cancellation of the land title through the courts of law. URN.