By Andante Okanya
A developer Wanzala Mulebeke has refuted allegations that he fraudulently acquired part of the land valued at sh900m, which Kyambogo University claims ownership.
Mulebeke’s rebuttal is contained in his written statement of defence filed last year on December 19 at the land division of the High Court in Kampala.
The case arose last year on November 14 when the university jointly sued Mulebeke, the Uganda Land Commission (ULC), and another developer Albino Ijum.
The university land is comprised in Freehold Register Volume 461, Folio 13 Plot M842, Kyambogo Road, Kampala.
The contentious land allegedly given away fraudulently are Plots 45,47-55,61,63,M75,M129, M37, and M38.
But Mulebeke has rubbished Kyambogo’s claims of ownership, saying he fulfilled the requirements as demanded by ULC.
“The third defendant maintains that he acquired his leasehold interest from the then rightful proprietor of the land,” Mulebeke states through his lawyers Okalang Law Chambers.
Additionally, he states that the land at Plot 63 Kyambogo road cannot be amalgamated with land comprised in FRV 461 Folio 13 Plot M842V.He explains that he has a valid subsisting proprietary interest in land at Plot 63 Kyambogo road.
Through Kalenge, Bwanika, Ssawa and Company Advocates, the university purports that ULC fraudulently apportioned its land to the two individuals without its consent.
But Mulebeke contends that the suit is “misconceived and bad in law” and that it should be dismissed with costs for “failing to disclose a cause of action” against him.
Cause of action refers to grounds on which a legal action may be brought against a defendant.
He asserts that he was never served the mandatory notice of intention to sue. As of Tuesday, when New Vision made inquiries at Land division registry, the two other defendants ULC and Ijum had not filed their defence.
Court documents show that the university agreed with the Education and Sports ministry that the ministry demarcates PlotsM891, M892, and M893.
The university states that on return of the certificate of title after the demarcation, it detected that the contentious plots had been surveyed. Kyambogo asserts that the only piece of land that it was aware of was PlotM902.
The university states that subsequently, ULC tried to obtain a letter of no objection from the Education and Sports ministry.
However, the ministry denied being part of the fraudulent deal, and tasked ULC to “distance itself from the said land grabbing acts” that it had been dragged into.
The university states that all its efforts to obtain an explanation from relevant authorities in the Lands ministry have been in vain.
The case is allocated to Justice Elizabeth Kabanda. A hearing date is yet to be scheduled.