Lands ministry probes disputed Naguru land
Sep 15, 2011
THE long-standing wrangle between two families over a multi-million prime property situated on Plot 9, Naguru Hill drive turned dramatic on Wednesday when the owner, who had been pronounced dead, appeared at the lands ministry.
BY VISION REPORTER
THE long-standing wrangle between two families over a multi-million prime property situated on Plot 9, Naguru Hill drive turned dramatic on Wednesday when the owner, who had been pronounced dead, appeared at the lands ministry.
The dispute as to who owns the property is between Ndema Emanzi Rukandema, the Coca Cola general manager for the Horn of Africa and Mid Africa and Henry Mubiru.
Rukandema says he acquired the property from his father, Mwita Rukandema, while Mubiru says he inherited it from his uncle also called Ndema Rukandema, who died and was buried in Rwanda.
According to information from the lands ministry, the five-year lease was in the names of Ndema Emanzi Rukandema, who got the transfer of the lease from Mwita Rukandema.
Mwita acquired the land from Justice Seth Manyindo, Jonathan Kateera and Yayeri Kanagonago, who were the administrators of the estate of the late Tom Rubale.
In 2005, Emanzi Rukandema, through Bitangaro and Company Advocates, filed for an extension of the lease which went through the normal process.
The lease agreement later went missing from the department of land registration, only to be returned with a thumb-mark in Mubiru’s name. This is what sparked off the dispute.
Following the dispute, the lands ministry halted further processing of documents regarding the property.
Mubiru, however, went ahead in 2007 and reported the officer handling the case to former lands minister Kasirivu Atwooki.
Kasirivu then intervened and later established that the owner of the property was Ndema, who is alive.
He (Kasirivu) directed the assistant commissioner to process the title in the name of Rukandema.
Mubiru later reported the matter to the Inspectorate of Government (IGG), accusing the assistant commissioner in the lands ministry of having interest in the matter.
The IGG recommended that the case be investigated by the Police.
To settle the dispute, the ministry recently appointed a committee headed by the director of land management, Justin Bwogi.
The committee reviewed the records and history of the land. Both parties were accorded hearing by the committee.
The committee studied the authenticity of the documents submitted by Emanzi Rukandema and Mubiru over their claims.
Mubiru backed his claims by a death certificate linking him to Ndema Rukandema.
The committee established that there were inconsistencies in what Mubiru presented.
The death certificate he presented indicted that Ndema Rukandema died in a motor accident, but verbally, Mubiru told the committee that his ‘uncle’ died of fever.
Mubiru’s signature on various documents he presented for verification varied, which the committee said, put his claims in doubt.
Mubiru was unable to show the committee that there was ever anyone by the name Ndema Rukandema among his family members.
Moreso, Emanzi Rukandema appeared together with his father and defended the ownership of the land, and proved that he was not dead as Mubiru claimed.
“From the ministry’s exhaustive findings and indepth analysis of all documents and interviews with all concerned parties and their witnesses, the committee established that Ndema Emanzi Rukandema, the son of Dr. Mwita Rukandema and Flavia, is the rightful owner,†the report reads.
The committee recommended Emanzi Rukandema to immediately resume the process of acquiring a certificate of title of Plot 9, Naguru Hill Drive.
It was also recommended that the Police complete inquiries using the committee’s report to conclusively pin the fraudulent attempts to steal the land by Mubiru and others not yet known who should be prosecuted.
The committee further recommended that action be taken against government staff who were involved.
They directed that the local council officials of Naguru II Church Zone, Bukoto be prosecuted for giving false information in support of Mubiru.
They will be charged with aiding and abetting fraud.
During the handover of the committee’s report to lands state minister Sarah Achieng Opendi, Mubiru and Emanzi clashed, accusing each other of stealing land.
Mubiru said Emanzi had never appeared before the committee to defend his claims of ownership.
Emanzi said Mubiru had no basis to prove that he owns the land. He said the claim that he was dead was a falsehood to deprive him of his property.
The minister directed the Criminal Investigations Department (CID) to investigate the case further and give its findings within two months.
She said the report by CID would be considered final. The investigation is headed by William Kototoyo.
The minister also directed the Police to take over the property and the two wrangling parties to stay away from the premises until the dispute is resolved.
THE long-standing wrangle between two families over a multi-million prime property situated on Plot 9, Naguru Hill drive turned dramatic on Wednesday when the owner, who had been pronounced dead, appeared at the lands ministry.
The dispute as to who owns the property is between Ndema Emanzi Rukandema, the Coca Cola general manager for the Horn of Africa and Mid Africa and Henry Mubiru.
Rukandema says he acquired the property from his father, Mwita Rukandema, while Mubiru says he inherited it from his uncle also called Ndema Rukandema, who died and was buried in Rwanda.
According to information from the lands ministry, the five-year lease was in the names of Ndema Emanzi Rukandema, who got the transfer of the lease from Mwita Rukandema.
Mwita acquired the land from Justice Seth Manyindo, Jonathan Kateera and Yayeri Kanagonago, who were the administrators of the estate of the late Tom Rubale.
In 2005, Emanzi Rukandema, through Bitangaro and Company Advocates, filed for an extension of the lease which went through the normal process.
The lease agreement later went missing from the department of land registration, only to be returned with a thumb-mark in Mubiru’s name. This is what sparked off the dispute.
Following the dispute, the lands ministry halted further processing of documents regarding the property.
Mubiru, however, went ahead in 2007 and reported the officer handling the case to former lands minister Kasirivu Atwooki.
Kasirivu then intervened and later established that the owner of the property was Ndema, who is alive.
He (Kasirivu) directed the assistant commissioner to process the title in the name of Rukandema.
Mubiru later reported the matter to the Inspectorate of Government (IGG), accusing the assistant commissioner in the lands ministry of having interest in the matter.
The IGG recommended that the case be investigated by the Police.
To settle the dispute, the ministry recently appointed a committee headed by the director of land management, Justin Bwogi.
The committee reviewed the records and history of the land. Both parties were accorded hearing by the committee.
The committee studied the authenticity of the documents submitted by Emanzi Rukandema and Mubiru over their claims.
Mubiru backed his claims by a death certificate linking him to Ndema Rukandema.
The committee established that there were inconsistencies in what Mubiru presented.
The death certificate he presented indicted that Ndema Rukandema died in a motor accident, but verbally, Mubiru told the committee that his ‘uncle’ died of fever.
Mubiru’s signature on various documents he presented for verification varied, which the committee said, put his claims in doubt.
Mubiru was unable to show the committee that there was ever anyone by the name Ndema Rukandema among his family members.
Moreso, Emanzi Rukandema appeared together with his father and defended the ownership of the land, and proved that he was not dead as Mubiru claimed.
“From the ministry’s exhaustive findings and indepth analysis of all documents and interviews with all concerned parties and their witnesses, the committee established that Ndema Emanzi Rukandema, the son of Dr. Mwita Rukandema and Flavia, is the rightful owner,†the report reads.
The committee recommended Emanzi Rukandema to immediately resume the process of acquiring a certificate of title of Plot 9, Naguru Hill Drive.
It was also recommended that the Police complete inquiries using the committee’s report to conclusively pin the fraudulent attempts to steal the land by Mubiru and others not yet known who should be prosecuted.
The committee further recommended that action be taken against government staff who were involved.
They directed that the local council officials of Naguru II Church Zone, Bukoto be prosecuted for giving false information in support of Mubiru.
They will be charged with aiding and abetting fraud.
During the handover of the committee’s report to lands state minister Sarah Achieng Opendi, Mubiru and Emanzi clashed, accusing each other of stealing land.
Mubiru said Emanzi had never appeared before the committee to defend his claims of ownership.
Emanzi said Mubiru had no basis to prove that he owns the land. He said the claim that he was dead was a falsehood to deprive him of his property.
The minister directed the Criminal Investigations Department (CID) to investigate the case further and give its findings within two months.
She said the report by CID would be considered final. The investigation is headed by William Kototoyo.
The minister also directed the Police to take over the property and the two wrangling parties to stay away from the premises until the dispute is resolved.