Moses Katongole, who is on kyeyo in Norway, in 2002 sent his sister Nnaalongo Takia Bukenya money to buy him a plot of land so he could construct a house. However his dream home never materialised.
Katongole bought the plot, measuring 30 decimals located at Kyaddondo block 265 plot 5350. He bought it from David Kiwanuka of Mutundwe- Kisigula in Wakiso at sh10m.
The land sale agreement was written on November 27 2002, and Kiwanuka filled forms for the transfer. However Kiwanuka started playing hide and seek and failed to release the land title. Katongole's sister took matters to the lands office in March 2004 and the land title was indeed there.
Nnaalongo was however shocked earlier on January 29, 2004 when she found that Uchumi Commodities LTD had placed a caveat on the said land.
When Nnaalongo probed further she discovered that Kiwanuka together with his son Patrick Kiwanuka had staked the land title for sh20m which they owed Uchumi since September 13, 2003 and had failed to pay.
Nnaalongo took the case to Nakawa High Court where Justice Joseph Murangira ruled on September 8, 2010 that Uchumi Commodities LTD lifts the caveat since Katongole had legally purchased the land. He also ordered Kiwanuka to fill fresh forms so the land would be transferred in Katongole's name.
However the said parties failed to comply with the court ruling. Uchumi Commodities appealed the ruling but Justice Faith Mwondha on October 28, 2011 concurred with the earlier ruling and directed that they comply. To date however Uchumi Commodities has failed to lift the caveat.
Nnaalongo Takia Bukenya
When my brother told me he wanted to buy land I immediately started searching. I got the plot from Kiwanuka and we agreed a fee of sh10m.
We first paid him sh5m and he gave us a copy of the land title. He was supposed to give us the original title once we completed payment.
However on completion of payment he started playing games and giving lame excuses. When his lies run out and he got tired of me going to his place he told me the surveyor had the title.
I embarked on hunting for the surveyor but also realised he was confusing me. I then got a feeling that perhaps the plot they had sold me was infact hot air.
I then hired a surveyor and showed him all the documents. When he went to investigate in the Wakiso lands office he discovered the plot had now been registered in Kisenyi!
I produced the sale agreement Kiwanuka had written and went to the area LC chairman, Abu Musisi, who was a witness. He asked Kiwanuka to explain what he had done. Kiwanuka instead apologised and wrote a fresh sale agreement showing the boundaries of our plot.
When our lawyer checked out the land to process the transfer he discovered Uchumi Commodities LTD had placed a caveat on it on January 29, 2004.
I took matters to court in 2005 till 2010 when Justice Joseph Murangira ruled that Uchumi Commodities lifts the caveat and pays sh5,515,000/- in damages.
They however appealed and asked court to quash the first ruling. However Justice Mwondha concurred with the first ruling and told them to comply.
The court ruled basing on the fact that David Kiwanuka who sold the land asked court that he and Uchumi Commodities settle the matter with Katongole after admitting that he indeed had sold him the land. However Uchumi Commodities failed to agree.
2. Uchumi Commodities insisted that Kiwanuka and his son Patrick Kiwanuka took merchandise worth sh20 from them and staked the land title on September 13, 2003. They failed to clear payment in 30 days as per their agreement hence forfeiting the land title.
3. The court ruled that Katongole bought the plot legally before Uchumi Commodities was involved. He said therefore that they accepted the land title as collateral knowing the plot had its owner who was not Kiwanuka, the party they were dealing with.
He ruled that they failed to do due diligence on the ownership of the plot with was even under development. Despite the ruling that Uchumi Commodities lifts the caveat in 10 days as per the ruling they failed to comply.
It is true that plot is theirs however I blame them for complacency. They delayed to transfer the plot into Katongole's name. However the plot is still theirs; they should not worry because I know I sold them the land.
The lawyer representing Uchumi Commodities says: When Justice Faith Mwondha concurred with the first ruling they left all matters to Katongole and his lawyer to process the land title.
“The rest is not up to us, Katongole's lawyer has to follow up and see to it that the caveat is lifted so he can process that land title," says Kagolo.
However Katongole's lawyer, Meddie Kajubi, wonders why since 2011 when he sent documents to court to lift the caveat he has never got a response.
So the question is, who is fooling who?