Ddumba Richard Nelson got emotional and broke down during the session at the land probe commission at the national archives and records centre in Kampala on 14/03/2019. PHOTO: Denis Dibele
Canaan Luboyera gave his stand Wednesday in Kampala at the land probe commission public hearing
The local council chairman Kondogolo village in the city suburb of Kulambiro has rejected claims that businessman Ben Kavuuya purchased two-acres of land genuinely.
Canaan Luboyera gave his stand Wednesday in Kampala at the land probe commission public hearing. He was testifying in the dispute between Kavuuya and the estate of Fenecantine Kityo.
The contentious land was originally registered as Kyadondo Block 216 Plot 22. It is currently known as Plot 3665 to Plot 3672. Documents show Kityo inherited the land from his father Joseph Lwere Nganda.
Luboyera has lived in the area for 56 years and has been chairman for 32 years. He emphasised that Kavuya is not registered in the record books showing the various land transactions over the years.
The Kityo estate complained to the commission that Kavuya fraudulently acquired the land. Kityo died on April 14, 1990.
On March 14, Kityo’s son Nelson Ddumba testified and purported that since 2005, Kavuya had threatened the family.
Ddumba alleged that the businessman who is popular in the money-lending business circles grabbed the land worth $1m(sh3.7b).
Ddumba Richard Nelson (right) with his brother Nyanzi Gonzaga got emotional and broke down during the session at the land probe commission at the national archives and records center in Kampala on 14/03/2019. PHOTO: Denis Dibele
However, Kavuuya who is the proprietor of Global Capital Save(2004)Limited, described Ddumba as a liar.
In his testimony on the afternoon of March 14, the businessman maintained that he followed the requisite process during purchase.
But on Tuesday, Luboyera stated that he declined to record Kavuuya’s interest, as the documentation was unconvincing.
“In the years I have been chairman, over 300 people have settled on the land. In out books, Kavuya and the others who are using force to build, are not in our books, and therefore not registered,” stated Luboyera.
Asked by deputy lead counsel John Bosco Suuza what transpired after he declined to endorse Kavuuya’s purchase, Luboyera stated that the businessman became a menace.
“In all these years as chairman, it is only Kavuya and another lady who have been a headache. He tried to bribe me with sh5m but I declined. For me, it was not about the money but following due process,” responded Luboyera.
Fraudulent transaction trail
An allegedly fictitious land title dated April 23, 2003, shows Kityo transferred to a one David Semambo.
On October 24, 2003, it was transferred in the name Frederick Senyonga, who subsequently transferred to Haji Zed Kezimbira on March 26, 2004.
Documents indicate Kezimbira got a loan from Kavuya, and placed the land title as collateral but failed to pay the loan. Subsequently, Kavuya was registered as owner on April 6, 2005, through his company Global Capital Save(2004) Limited.
But the chairman was emphatic,l saying he was friends with Kityo, and that if at all he had sold the land, he(Luboyera), would have been aware of such a transaction.
On December 8, 2016, President Yoweri Museveni appointed a seven-member commission of inquiry chaired by Court of Appeal Justice Catherine Bamugemereire, to inquire into land matters.
This was prompted by several documented instances of public outcry. The team took on February 19, 2017, with the mandate is to inquire into the effectiveness of the law, policies and processes of land acquisition, land administration, land management, and land registration.
Subsequently, public hearings commenced on May 9, 2017, at National Archives and Records Centre in the city suburb of Nakasero.
On November 10, 2017, the President extended the probe’s mandate for six months. Last year on May 4, 2018, Museveni endorsed an 18-month extension of the probe.
The probe commissioners are Frederick Ruhindi, Dr. Rose Nakayi, Mary Ochan, Robert Ssebunnya, Joyce Habaasa, and George Bagonza.
Deputy lead counsel is John Bosco Suuza, while Andrew Odiit is assistant lead counsel.
Dr. Douglas Singiza is commission secretary, while Daniel Rutiba is deputy secretary.