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A business in Masaka has lost a bid to reclaim 98.71 hectares of land after the Supreme Court dismissed his appeal.

The land is comprised in Buddu Block 783, Plot 11, at Byante, Kitunga, Kyanamukaaka in Masaka district.

The justices of the Supreme Court, led by Faith Mwondha, maintained that the land Varesto Kafeero Mugerwa had owned for 29 years was part of Mujuzi Central Forest Reserve.

Others on the panel were Chief Justice Alfonse Owiny-Dollo, Lillian Tibatemiiia-Ekirikubinza, Percy Tuhaise and Mike Chibita.

“There is overwhelming evidence on record which shows that the suit land is inside Mujuzi Central Forest Reserve. To that extent, the first appellate court re-evaluated the evidence and correctly based its findings on the adduced evidence on record,” Mwondha noted.

The justices ruled that the grant of lease to Mugerwa for purposes of farming by Uganda Land Commission, was illegal, based on the legislation that existed at the time of the transaction.

In the premises, the justices dismissed Mugerwa’s appeal with costs, for lack of merit.

“All the three grounds have failed. The appeal has no merit and it is dismissed with costs of this Court and the Courts below and the lower trial court's decisions and orders are hereby upheld,” Mwondha ruled.

The justices also dismissed an appeal by Mugerwa to be compensated with an alternative land.

At the hearing of the appeal, Mugerwa was represented by Counsel Hassan Kamba, while National Forestry Authority by Counsel Joseph Kwesiga.

During hearing, Mugerwa told court that he surveyed the land in 1984 and obtained the title from the Uganda Land Commission in 1985. On the other hand, NFA argued that it gazetted the land first in 1914, 1932 and later in 1948.

Benard Opat, a surveyor working with NFA informed the court that he opened boundaries of the land with the help of Masaka district surveyors and found that the land was inside the forest reserve, which had been surveyed since 1914.

“At the time Mugerwa obtained the title, he had no knowledge that the land was gazetted by NFA as an indication that he did not carry out all the due diligence before he obtained title over the public land,” Opat stated.

Background

Court documents indicate that on February 22, 1985, Mugerwa upon applying to Uganda Land Commission for a lease, was registered as the proprietor of land in question.

Ever since Mugerwa got registered on the title as the proprietor, he was having quiet possession of the land until 2006 when some NFA officials started claiming that it was part of the forest reserve.

Subsequently, Mugerwa sued NFA in Masaka High Court, seeking a declaration that the land was not a gazetted forest reserve at the time it was leased to him. He also sought an order stopping NFA from evicting him from the land.

In rebuttal, NFA filed a defence, admitting that Mugerwa was a registered proprietor of the land but alleged that by the time he obtained the title on the land, it was a forest reserve gazetted in 1932 vide legal notice No.41 of 1948, and 1965.

NFA further argued that the land was re-gazetted Vide legal Notice 186 and in 1998 and was part of Mujuzi Forest Reserve.

It therefore contended that the certificate of title of the land was issued to Mugerwa in error, and hence null and void. The court ruled in favour of NFA.