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Buganda Land Board ordered to surrender disputed Matugga land title

By Michael Odeng, Farooq Kasule

Added 21st August 2020 03:53 PM

Mpologoma clan is expected to receive the trust deed and certificate of registration under the Trustees Incorporation Act

Buganda Land Board ordered to surrender disputed Matugga land title

Maj. Gen. Elly Kayanja.

Mpologoma clan is expected to receive the trust deed and certificate of registration under the Trustees Incorporation Act

The Attorney General of Buganda, Christopher Bwanika, has directed Buganda Land Board (BLB) to surrender Matugga land title to members of the Mpologoma clan as directed by the Kabaka of Buganda, Ronald Muwenda Mutebi II.

Maj. Gen. Elly Kayanja and members of Mpologoma clan (lion) have been embroiled in a land row involving 25 acres in Matugga, Wakiso district.  The land is part of 644 acres owned by the clan in Matugga.

"We trust that BLB will carry out and complete the registration and title processes regarding all Mpologoma clan which had stalled due to non-registration of Trustees," states a letter dated July 30, 2020. The members of Mpologoma clan took the letter to BLB yesterday.

According to the letter, Mpologoma clan is expected to receive the trust deed and certificate of registration under the Trustees Incorporation Act Cap. 165. 

Bwanika wrote the letter to BLB while referring to Kabaka's directive for registration of all clan lands in the names of trustees appointed by the clan. The letter was also copied to the Kabaka.

Bwanika adds, "We trust the BLB will carry out and complete the registration and title processes regarding all Mpologoma clan land which had stalled due to non-registration of trustees."

The clan leaders want Kayanja's lease, which is expiring next month not to be renewed but sources in the leadership of the clan say Kayanja is in advanced stages of getting the lease renewed with the support of BLB.

According to the clan, Kayanja wants to give only three acres of the contested land to the clan upon renewal of the lease he got in 1993.

In a meeting held on Friday last week, at the clan's headquarter in Matugga, the Mpologoma clan former Katikiro, Francis Xavier Kateregga revealed that Kayanja had earlier proposed to give them three acres of land and that it is the same idea being fronted by BLB.

Katikiro's directive

The clan members also protested a move by Buganda Premier Charles Peter Mayiga to have the land divided into two portions, a proposal initiated by Kayanja and BLB.

"If Gen Kayanja, who owns a lease on the land is willing to leave part of the land to the clan, I do not see any problem with it because it is better than nothing," Mayiga stated in a letter dated July 2, 2020.

Mayiga also advised the clan to appoint trustees in which the property should be registered, lest be registered in the name of ‘Kabaka of Buganda'.

Protest

The clan's secretary, Isaac Michaels Mwenge said they are against the takeover of the land by Gen Kayanja because of its historical and cultural values to Buganda.

"The land serves as the headquarter for the first 22 clans in Buganda. We cannot allow Kayanja to take it. We are surprised that Mayiga has never responded to any of our letters in regard to the matter, but instead responded to that of BLB dated June 30, 2020, Mwenge noted.

This, Mwenge, says, is a sign of undermining the clan.

"The Kabaka ordered BLB to give us our tittle but it is shocking that BLB and Katikkiro have defied him and instead opted to give it to Gen. Kayanja as if he is superior to the clan," Mwenge noted.

He disclosed that they have been quiet because former Katikiro John Baptist Walusimbi had implored them to stay clam until Kayanja's lease expires.

The head of the clan, Wilson Ndawula Ssebuganda, thanked the committee members for fighting for their clan.

The clan spokesperson, Kimaka Sserwadda, said it should be the clan members to decide how to use the land.

Court Judgement

In a judgment delivered on June 10, 2020, justice Lydia Mugambe directed Kayanja to refund sh200m, the money that businessman Gerald Batte paid him for a piece of land at Matugga in Wakiso district.

"Kayanja acknowledges receipt of sh200m from Batte as part payment of the land. This amount remains due and owing and is the one Batte sought to recover and for which the court registrar entered a default judgment.

The judge noted that Kayanja in the agreement guaranteed good title free from any encumbrances favouring any third party. She, however, observed that when Batte tried to survey the land, he found many third party claimants.

Court documents indicate that on March 19, 2018, Kayanja sold Batte 11 acres and 16 decimals out of land formerly comprised in Kyandondo block 9 plot 3 measuring approximately 25.3 acres, land at Matugga at sh920m.

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