The Civil Division of the High Court has directed the commissioner for land registration, Baker Mugaino, to back off a controversial piece of land in Wakiso district.

Justice Boniface Wamala instructed the commissioner not to effect changes in the register book or certificates of title for land comprising Busiro Block 436 plots 392 and 393 at Nalugala Ssabaddu, Wakiso district.

“An interim order doth issue restraining the commissioner land registration, her officers or anyone deriving authority from the respondents from effecting any changes on the land and conducting public hearings in regard to the matter, pending hearing and determination of an application for temporary injunction,” the judge ordered on March 24, 2024.

The directive follows an application filed by businesswoman Irene Muhanguzi at the Civil Division of the High Court in Kampala on March 18, 2024.

Prior to the order, the lawyer representing Muhanguzi informed the lands tribunal presided over by Hakim Babu, the registrar of titles, that he had no powers to entertain cases involving land fraud before storming out of the tribunal in protest.

Court documents indicate that on February 21, 2024, the commissioner land registration without any authority at law issued and served on Muhanguzi two notices of intention to effect changes in the register book in respect of the disputed land, registered in her name.

Muhanguzi contends that on September 2, 2023, and September 1, 2023, respectively, she lawfully purchased land comprised in Busiro block 436 plot 392, located at Nalugala Ssabadu in Wakiso district, from Mahad Hood Mayanja at sh120m, and Busiro block 436 plot 393 in the same area from Joseph Sakwa Mutama at sh100m.

Shortly thereafter, Muhanguzi registered the land in her name and immediately gained vacant possession from the vendors. She holds two duplicate certificates of title for land.

However, on February 8, 2024, another person calling himself ‘ Joseph Sakwa Mutama’ approached Muhanguzi claiming to be the owner of the disputed land.

Subsequently, Muhanguzi explained to the said Sakwa how she acquired the land after conducting due diligence but the said Sakwa then alleged that he was impersonated by the person who sold land comprised in Busiro block 436 plot 393 to her and that there was fraud in the transactions leading to the registration of the applicant as the current registered proprietor.

The so-called Sakwa alleges that Muhanguzi holds a forged certificate of title since he has original certificates of title. Consequently, the said Sakwa lodged a caveat on the disputed land, claiming to be the current registered proprietor and alleging to be in physical possession of the same.

Complaint

This prompted Muhanguzi to write to the commissioner land registration through her lawyers, expressing concerns regarding the new so-called Sakwa who alleges to have other titles of the land, but the commissioner land registration kept a deaf ear, hence leaving her with no option but to institute a case in the courts of law.