A logistics company belonging to a private investor has sued National Forest Authority (NFA), seeking a declaration that a certificate of title for land in Namanve Industrial Park is valid.

NFA claims that 20 plots in Namave, including contested plot 1425 Block 113, partially fall inside compartment 11, which are part and parcel of Namanve Central Forest Reserve and Namanve wetland. NFA was responding to businessman Andrew Muyonga Mubiru’s letter.

The proprietor of Liberty ICD Limited, Minaz Karmali, is battling over the land with city businessman Godfrey Kirumira. The 45-acre-piece of land is located on plot 1425 Block 113 Kyaggwe, Kolo Nantabulirwa, in Mukono district.

The NFA letter, signed by its executive director, Tom Okello, resulted to the cancellation of Liberty ICD Limited’s certificate of title, on June 2, 2022, by the Commissioner for Land Registration.

The cancellation was after businessman Godfrey Kirumira lodged a complaint in the lands ministry, arguing that the title was illegally issued in Namanve without following the right procedures, and without consent from NFA.

This prompted Karmali to sue the Attorney General and the Commissioner for Land Registration, contesting the cancellation, arguing that it was illegal since there was an ongoing court case over the matter.

The local investor has also gone ahead to file another suit against NFA and the Commissioner for Land Registration at Mukono High Court, contending that the land in question does not form part of Namanve Forest Reserve as alleged by NFA.

In a suit dated June 29, 20222, Karmali through his lawyer, George Kintu wants the court to declare that the contested land does not form part of compartment 11 which is alleged to be part and parcel of Namanve Forest Reserve.

The investor also seeks an order, restraining NFA, lands ministry, and person (s) acting under its authority from effecting changes in the register by cancellation the title of the contested land.

He further seeks an order, restraining NFA and anyone acting on its behalf, from trespassing on the land and granting a lease, license or any form of allocation/disposition.

Karmali says he acquired the property from Wycliff Kawalya in 2010 legally while Kirumira said he had been the registered proprietor of the land for the past five years.

“Before purchase of the land, I conducted a search in land office and found out that it had no encumbrances and third party claim,” the investor contends.

Compartment

Karmali contends that land in Uganda is recognised and described using block and plot numbers, not under compartments.

“Compartment is a non-recognised distinction and description of the land and therefore NFA cannot rely on the same to context my certificate of title,” the investor stated.     

Karmali asserts that there is no proof that land on Block 1425 Plot 113 is a composition of compartment 11 of the Commissioner of Land Registration as claimed.

Recent court ruling

In a recent court ruling, Justice David Batema ordered government officials to stop marking and managing land in compartments, saying they are not recognised legally and cannot be captured on the existing official computerised land management and registration systems.

The judge ruled that certificates of titles for plots of land at Namanve Industrial Park were issued legally and prohibited the Commissioner Land Registration from cancelling the titles.

The court also ruled that land measuring approximately 900 acres no longer forms part of Namanve Forest Reserve.

The judgement was in respect to a court matter filed by Capital Ventures International Limited against the Commissioner for Land Registration, National Forest Authority and Attorney General in 2021 over plots of land in Namanve Industrial Park.  

Appeal

Karmali has told the court that in spite pendency of the appeal, NFA is determined to lease the contested land to private individuals who perpetuated the cancellation of the certificate of title.

Kirumira sued Karmali at Mukono High Court on November 29, 2021, accusing him of trespassing on the contested land.

Later, Karmali also filed a suit against Kirumira, accusing him of forgery and fraud.

Tribunal

Appearing before the lands tribunal recently, presided over by Hakim Babu, the registrar of titles, Karmali’s lawyers Denis Nyombi and George Kintu requested the matter to be halted, arguing that conducting a public hearing would amount to subjudice (meaning the matter is under judicial consideration and, therefore, prohibited from public discussion, elsewhere).

Babu declined to adjourn the matter, prompting Karmali’s lawyers and residents of Namanve, who had turned up in big numbers, to walk out in protest, a hearing that resulted in the cancellation of Karmali’s title.

NFA

When contacted for a comment, NFA boss Tom Okello, declined to comment on the matter.

“Why are you asking me for a comment when you have already placed an advert in your paper,” he said and switched off his phone.