Businessman remanded over theft of 80-yr-old woman's land title

Harriet Nabitaka camped outside court armed with banners. Photo by Michael Odeng

The Chief Magistrates Court at Nakawa has remanded a city businessman to Luzira Prison for allegedly stealing a land title, belonging to 80-year-old Harriet Nabitaka.

Yesterday, Chief Magistrate Lillian Buchyana charged Mugoya Mawazi, 49, the proprietor of T/A Donie Company Limited with theft and cheating contrary to section 254, 261 and 307 of the Penal Code Act (PCA).

Any person who steals anything capable of being stolen commits the felony called theft and is liable to imprisonment not exceeding ten years while as person convicted for cheating gets three years.

Buchyana read out the charges to the accused and he denied it, saying he is innocent of the crime.

State prosecutor Elima Doreen told court that investigations are still ongoing, prompting the magistrate to remand the accused to Luzira Prisons until February 13.

The court also rejected pleas by the accused through his lawyer, to apply for bail, saying he will apply when he comes back to court for mention of his case.

Mugoya Mawazi being led to the court room. Photo by Michael Odeng

Prosecution alleges that Mugoya between 2011 and 2016 between Wilson Road in Kampala and Kirinya-Bweyogere, Wakiso district stole the land title for of block 234, plot 4095 Kyadondo located in Kirinya, the property of Nabitaka, Harriet Nassuna and Joseph Kiwanuka.

The three are administrators of the estate of the late Yonasani Baluti, the former sub-county chief.

Prosecution further alleges that the accused in 2011 at Wilson Road in Kampala, obtained from the trio a land title of the said plot fraudulently saying he was going to use it to obtain a bank loan and thereafter give it back to the owners after a period of three years whereas not.

The trio asserts that they are registered owners of land and developments thereon comprised on the said plot, which measures approximately 0.107 hectares. 

On July 29, 2011, Mugoya and the trio signed a memorandum of understanding in the presence of advocate Nasser Kigozi, agreeing that it shall be deemed integral, take precedent and be construed with the mortgage deed, letter of offer and the sole purpose is for securing a loan of sh300m from Global Trust Bank.

The parties also agreed to transfer the title deed to Mugoya for securing a credit facility worth sh300m from the bank, which has to run consecutively for three years and later be transferred back to the former registered owners.