President Yoweri Kaguta Museveni has intervened in a land dispute in Kiboga District.
The contested land is situated in Lwankonge village, Kiboga East and the dispute is between a group of departed Asians and Mr. Badiru Mwanje.
During the meeting, the Presidential Advisor- Police Affairs, Ms. Susan Kasingye informed the President that the land dispute is a matter of double titling, premature eviction and uncoordinated enforcement.
“Your Excellency, this is the land issue you watched on the news last week on Wednesday when you were in Masindi for the wealth creation tour. You decided that I should call Dr. Keefa and inform him to mobilise that you will be here to solve this matter. Mr. Mwanje Badiru holds a mailo title for this land dating about 30 years and more but there are departed Asians who have a freehold title dating back in the 1930s. Mwanje has occupied the land but recently somebody called Patrick Ainebyona came in the representative capacity of those Indians and said that Mwanje shouldn’t be on this land because it belongs to the departed Asians. He brought the title and put the matter with the police so the police asked the DPP to advise. The DPP, among other other issues, advised that they should open boundaries,” she explained.
“When they came for the exercise, hardly a day after Ainebyona and his group came here and used that chance to evict Mr. Mwanje. The case has not been determined by police or court and even by the time of eviction there was no report for boundary opening exercise. So Brig. Lukyamuzi came with his team and they occupied the land and now Mr. Mwanje is not on the land.”
According to the President who gathered evidence from various locals in the area, noted that in the first place it was wrong for Mr. Ainebyona to evict Mr. Mwanje without following the law.
“Even if I had not given a directive on land evictions in 2022, when there’s a dispute, who decides the rightful owner of the land? It is the Court. Those who wanted to evict Mwanje should have gone to court to decide whether Mwanje stays or leaves. That was common sense. For the title, the Ministry of Lands can cancel it if it was given out fraudulently but in order to do that, you must listen to both parties,” he said.
“You would have reported to the Ministry of Land and Court if you wanted redress. You had no right to evict. You partially followed the law, you aborted the process and in the process you have caused damage.”
President Museveni further wondered where Mr. Ainebyona and his group got the powers to evict someone, describing their action as usurping powers of the country.
“As the President I don’t have those powers but Aine showed us that he has such powers. I cannot evict anyone from land or a house he has refused to vacate. Even if that someone is in the wrong, I open a case against him/her. If you want help we have the Commissioner of Lands to cancel a title, and we also have the Court. Police have no powers to cancel a title or order for an eviction. They just put into action what the other two have decided.”
President Museveni also ordered all the involved parties to make statements.
“Brig. Henry Isoke (State House Anti- Corruption Unit head) is going to handle those matters. He is going to get statements from all of you.
Additionally, the President ordered the arrest of Mr. Ainebyona, and trespassers (Ainebyona and group) off the contested land. He also directed Mr. Mwanje to reoccupy the property as the law takes its course.
“I take the lead to institute legal charges against these people and they should take their people off this property and the other man comes back here. We go to the status-quo. Justice Abodo and team are going to examine these land titles and we see a way forward. And in order to maintain law and order, the IGP should put police here to see what we have decided here is maintained.”
On her part, the Minister of Lands, Housing and Urban Development, Hon. Judith Nabakooba said the land measures 640 acres and from what they have in the system it was registered first in 1932 under Chikamchadi Shaar Limited, a freehold title and they came back and got their certificate of repossession in 1992.
“Your Excellency, this land is named Kisina Estate then from what we are getting from the system again, we have block 502, plot 2. That is land which was in the name of Peresika Nakayenga in 1989 and then Badiru Mwanje got it 1999 in Bukomero, Lwankonge. Your Excellency, the system captures the Indians and also has the title of Mwanje but the title for Mwanje in the system is hanging, it cannot be linked on the parcel so we need to dig further to establish the description of the parcel for Mwanje but on ground, you find Mwanje in occupation,” she said.
Hon. Nakabooba also reaffirmed that the eviction was wrong and out of law.
“You gave a directive in 2022 and it was clear that no eviction should take place without following the law.”
The Minister of State for Lands, Dr. Sam Mayanja highlighted how the case should have been handled legally by the contesting parties.
“What we have here is the total disregard of the law and all the processes. The law should now come in and take its cause.”
The Director of Public Prosecutions (DPP), Ms. Jane Frances Abodo revealed that the issue involves a block which has two plots (plot 2 which is freehold, and plot 6- Leasehold) and they are yet to establish the exact plot being contested.
“We are now waiting for the survey report to come out from the Lands Ministry,” she said.
The Head of the Anti- Corruption Unit, Brig. Gen. Henry Isoke said Mr. Ainebyona is likely to face charges of forceable entry , criminal trespass, malicious damage as well as theft and assault after some residents unearthed evidence of assault against Mr. Ainebyona and his men.
Kiboga East Member of Parliament, Hon. Keefa Kiwanuka informed the President that during the eviction, Mr. Ainebyona beat him up and ordered him to undress before realising that he was the area legislator.
The LC1 Chairperson LC1 of Lwankonge, Ham Kizza thanked President Museveni for intervening in the land wrangle that has taken ages without being solved.
He said as local leaders they tried to solve the issue but all the efforts hit a dead end.
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