THE SECOND OPINION

The Ag. Commissioner of Land Registration in the Ministry of Lands, Housing, and Urvan Development, Baker Mugaino, has issued a notice of ording for the cancellation of land titles fraudulently acquired by the National Social Security Fund (NSSF).

The said land is comprised in FRV WAK 6104 Folio 24 Bloc 29 Plots 3234–3240 in Lubowa, Wakiso district. 

In 2015, the NSSF accused Mohammed Lubowa, Moses Bogere, Betty Namanya, Daphine Nakanwagi, and Patrick Onyango of fraudulently procuring a certificate of title in contravention of Section 190(1) of the registration of the Titles Act 230 laws of Uganda. The accused persons were charged in court. 

However, on April 17, 2024, Makindye Magistrates Court ruled against the NSSF and acquitted the accused persons. 

Makindye Grade One Magistrate, Elisha Arinaitwe, cited “glaring inconsistencies in the evidence of the prosecution witnesses.”

Now, the latest we have obtained is that the Ministry of Lands has issued a noctice order for the cancellation of these titles. 

According to Mugaino, the NSSF bought land comprised in FRV 402 Folio 13 Block 269 Plot 274, 323, and 1322 from Uganda Company Holdings Limited in 2013. However, all the shareholders of Uganda Company Holdings Limited are foreigners, meaning they could not hold a valid title in freehold tenure to pass onto NSSF since the 1995 Constitution of the Republic of Uganda and Section 40(4)(5)(6)(7) of the Land Act forbid foreigners from holding freehold or Mailo proprietary interest in land. 
Secondly, the certificate of title comprised in FRV 402 Folio 13 Block 269 Plots 274 and 323 and 1322 measuring 285.07 acres registered in the name of NSSF appear on the same certificate of title without following the laid down procedure on amalgamation of titles, which explains its overshort on the cadastral and Karamazoo.

“NSSF did not explain how Plots 50 of only 0.797 acres come to create plot 1322 of 186.6 acres. 

Thirdly. The certificate of title has three deed prints for the respective plots with Mailo instructions to survey plot 1322-MA/Z/2/0253, Plot 274 and 323 have no instructions to survey, and this explains why they were not digitized and vectorized in the current land management system due to the irregularities sighted above. 

The above implies that land comprised in FRV WAK6129 Folio 9 Plot 3234, FRV WAK6129 Folio 10 Plot 3235, FRV WAK6129 Folio 11 Plot 3236, FRV WAK129 Folio 12 Pot 3237, FRV WAK6129 Folio 13 Plot 3238, FRV WAK6129 Folio 14 Plot 3239, and FRV WAK6129 Fiolio 15 Plot 3240 were registered in accordance with land board grants under S.59 and 64 of the Land Act. 

The Ministry has therefore recalled FRV 402 Folio 13 Plots 274, 323, and 1322 for rectification to correct the errors and illegalities mentioned above. 

Mugaino appealed to the NSSF to explore an “amicable settlement with the complainant in order to acquire the extra land lawfully from them.”

“The title to land comprised in FRV 402 Folio 13 Plots 274, 323, and 13222 ought to be recalled, re-surveyed, and Karamazoo corrected to the extent to which it doesn’t overlay on the petitioner’s title,” wrote Mugaino.