Tycoon Kirumira slapped with costs in Namanve land dispute case

KAMPALA - The High Court in Mukono has dismissed businessman Godfrey Kalule Kirumira’s application and ordered him to pay costs in a land dispute involving a 35-acre property in Namanve, Mukono district. 

In a ruling delivered on April 24, Justice David Matovu ordered Kirumira to pay costs to Liberty ICD Limited and the commissioner land registration after losing a case he filed against them. 

Kirumira had sought to have the 2022 consent judgment between Liberty ICD and the commissioner land registration, set aside. He claimed that the land was part of Namanve Central Forest Reserve. 

The freehold land in question is located at FRV 1011 Folio 15 Kyaggwe Block 113 Plot 1425 in Namanve. 

Background 

Early in 2022, Kirumira first complained to the commissioner land registration and National Forestry Authority, indicating that the land whose title was being held by Liberty ICD partially fell inside compartment II of the forest reserve. 

Subsequently, the commissioner land registration held a public hearing and cancelled the title, a decision which Liberty ICD challenged before the lands ministry.

However, before Liberty ICD’s petition could be heard, it agreed with the commissioner land registration and entered a consent judgement holding that the land in Namanve is not part of a Central Forest Reserve as it was held in an earlier court decision.

The consent judgement was endorsed by the Mukono High Court. However, Kirumira petitioned court to have the consent judgment quashed, but Matovu declined in his April 24 ruling. 

“The grounds for setting aside a consent judgement have not been met by the applicant (Kirumira) in this case, and the agreement between the respondents cannot be lawfully set aside.

Ruling

Matovu dismissed Kirumira’s application, ruling that the consent judgment was in line with existing court decisions that the land was not part of Namanve Forest Reserve. 

“The court does not find any illegality in a consent judgement that upholds existing court decisions which counsel for the parties are well aware of,” he ruled. 

Matovu said Liberty ICD was justified in filing an appeal to reclaim their land and that the appeal was properly filed against the party that cancelled its certificate of title (commissioner land registration), not Kirumira, who acted as a whistleblower with no interest in the suit freehold land. 

Kirumira was represented by lawyer Francis Sebowa, while Liberty ICD was represented by counsel Esau Isingoma of K&K Advocates. 

State attorneys Stanley Kanji and Joshua Twajiramungu represented the commissioner land registration.