MORE than 400 residents of Bulugu village, Njeru South B in Njeru Central Division, Njeru Municipality in Buikwe district are appealing to the Leader of Opposition (LOP) in Parliament, Joel Ssenyonyi to intervene in their alleged impending eviction by one of the powerful investors in the area.
“…we have tried to reach out to nearly all the relevant leaders including the area LC3 chairperson, Mayor, RDC and MPs but none of them has been of any help apart from empty promises…” Robert Wesonga, the Group’s Secretary complained.
In their petition, the group that comprises elderly men and women now want the LOP to pick interest in the matter and tackle it before the Floor of Parliament as one of the Matters of National interests.
“…we are optimistic that once Ssenyonyi presents our issue in parliament, the Speaker Anita Annette Among will direct the relevant ministers to act and ensure we get justice…” Wesonga says.
The tenants (bonafide occupants) said they were shocked to learn that Modern Organizers Limited which has dozens of factories in Njeru has already bought the land in question which comprises Block 298 Plot 354/355 measuring 21 acres.
Wesonga says they have now been left with no choice apart from crying out to the loud voice of Joel Ssenyonyi because the investor appears to be very powerful and connected to top officials in government.
According to Robert Wesonga, the tenants (bibanja holders) have been living on land at different times, some as early as in the 1940s from George Nakimisa Kinalwa who died in 2020.
It has been established that the land was sold off to the Asian factory by three children of the deceased landlord namely Stuart Sekaba,Ruth Semakula and Esther Kayaga at a total sum of 462,000,000/=.
According to a copy of the acknowledgement note obtained by this reporter, the new owner has effective 14 April, 2023 taken vacant possession of the said land that is now at liberty to utilize the same as they deem fit.
“…that we have handed over the original title certificate and we therefore have no further claim of interest therein…”,reads part of the Sale Agreement witnessed by a Jinja based law firm, M/s Were David Mukoche.
The petitioners want the new landlord to come out to engage them and give them compensation to go and resettle elsewhere instead of continuing to live blindly on the land where they have been paying annual land dues, locally known as busulu.
“…our humble concern is that our landlord has sold off our interest alleging that the said land is vacant whereas not and contrary to the land Act 1998 which provides the rights of bibanja holders.
Efforts to get comments from Ashish Monpara, the proprietor of Modern Group were futile as his known mobile phone number was always switched off for most of the time.
However, the Deputy RDC Lydia Kalemera allayed the fears of the bibanja holders saying she has got assurance from the investor who is not in a hurry to use the land before meeting them.
“…I am trying my best to secure an appointment with the director of the company who, unfortunately, has been busy outside the country but there is no cause for alarm…”, the soft-speaking RDC assured.
The workaholic Lydia Kalemera said both the residents and the investors are important to the country, adding the two must co-exist in harmony for the socio-economic transformation of the country.
Section 29(2)7 of the Land Act,1998 defines a bonafide occupant as a person who, before the coming into force of the 1995 Constitution, had occupied and utilized or developed any land unchallenged by the registered owner or agent of the registered owner for 12 years.
According to a landmark ruling in August, 2023, High Court of the Lands Division in Kampala, Judge, Justice Bernard Namanya ruled that a landlord is obliged by law to recognize their third party rights before carrying out a land sale.
Justice Namanya ruled that whereas it is a fundamental rule that a purchaser of a legal estate without notice has an absolute, unqualified and unanswerable defense against claims of any prior equitable owner, the purchaser must undertake a full investigation of the title before completing the purchase.
He says in order to derive benefit from the doctrine; a purchaser must have made all the usual and proper inquiries, and still found nothing to indicate the equitable interest of a third party.
Justice Bernard Namanya also held that a purchaser who falls short of this standard cannot plead that he or she had no notice of third party rights, which in proper due diligence would have been discovered.
What You Need Know About Modern Group:
According to Ashish Monpara, the Group has by 2023 established 10 industrial verticals with a total investment of more than 200MUSD with import substitution value of 100MUSD.
These are Modern Distillers, Modern Gas, Modern Aluminum, Modern Organic, Modern Fertilizers, Modern Tiles, Modern Sanitizers, Kidera Sugar, Modern Power, Kaliro Sugar and Lamborghini Drinks and Beverages.
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