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Custodian Board recovers another 320 acres of economic estate in Mukono

By Nathan Ngobi

President Yoweri Museveni’s   directive on   the Departed Asians Property Custodian Board (DAPCB) to track and recover thousands of properties, formerly under the management of the Board and believed to have been fraudulently taken over by wealthy business personalities have continued yielding results as the latest to be recovered is the 320 acres of Economic Estate land   located in Kikoma Kyabazala   Ntunda sub county in Mukono district.

 The recovered land had been fraudulently taken by Kimera Moses aka Akaya Kajubi whose late father Arthur  Asaph Kalanzi occupied it after the expulsion of Asians by the late president of Uganda Iddi Amin Dada in 1972.

Kimera Moses and his family for a long time have been battling court cases with the Custodian board over the rightful ownership of Economic Estate land until the High court in Mukono presided over by Justice David Batema ruled in favor of the Custodian board.

On Wednesday during a  meeting at Kyabazala   chaired by Mukono RDC Hajat  Fatuma Nabitaka Ndisaba  attended by her Deputy  Henry Kitambura, DISO , police and  the officers of the Custodian board Mama Juru Irene Apio  and Hirome Mayanja Sabbehe  with  several local residents including Kimera Moses himself and area LC3 chairman  Senzira Philemon .

During the meeting RDC Hajat Nabitaka Fatuma Ndisaba told the gathering that she called for the meeting to officially announce the outcome of the court battles.

“I have a letter from the commissioner surveying and mapping Entebbe directing the district chief Administrative officer and district staff surveyor Mukono to allow the officers from custodian board to carry out boundary opening of the 320 acres of Economic estate land in Kikoma Kyabazala”. Said Hajat Fatuma Nabitaka.

She said that when two conflicting parties fail to agree and go to court, her office would only implement the decisions made from court and in this particular case Kimera with his family lost out as per the court ruling therefore the land belongs to the Custodian board.

She said that she invited the two parties in her office twice, the custodian board turned up but Kimera’s family adamantly refused to attend those meetings adding that the motive was to prepare them to accept the court decision, however after failed attempt to meet them she decided to convey a village meeting in order to address the matter in the presence of the local residents but this time around the family turned up for the meeting.

Speaking during the meeting Hirome Mayanja Sabbehe told the gathering that as Custodian board they are still implementing the presidential directive to recover properties that were fraudulently taken.

“We have so far recovered over 30 estates in the recent past and more are expected soon, however we shall unite those families that bought land from Kimera Moses to our new buyer to harmonize the matter so that they do not lose out completely but also our client benefits too”   Hirome said.

He said that Economic Estate Kikoma in Kyabazala Mukono was allocated to Byanguiwe Kayongo Moses and Kiwumulo Sarah Nakato .

He said that during the boundary opening they would invite all the neighbors to attend and after shall identify those on the land to decide their fate.

He mentioned some of the recovered estates as Wakisu estate in Mukono district, Bwavu estate Buikwe district, Kalagala estate in Buikwe district, Bugoma estate in Buikwe district, Sugar plantation in Buikwe district among others.

The Genesis

The land in question was formerly owned by Asians under a registered company Economic Estate and in 1972 when the then president of Uganda Iddi amin Dada expelled Asians the land was abandoned.

In 1973 Auther Asaph Kalanzi requested the Government to take over the land of which was granted on a temporary basis.

However, in the same year Asaph Kalanzi  in an attempt to grab  the same land,  went and registered  a company with similar names “Economic Estate  1973 Ltd”.

Kalanzi’s company was officially registered on 29th April 1974 by the then registrar of companies Peter.W.  Adrabonyibia  Masaara with members mainly of Kalanzi family and wife among them Arthur Asaph Kalanzi, Oliva Kalanzi, James O.B Kalanzi ,  Fredrick Mwebe,  Paulo Mafumu Masembe , Apollo Kalibala and Henry Mugalula.

Upon registering the fake company Kalanzi fraudulently forged a land title on an existing title of Economic Estate.

However the Indian returned shortly after some years and Kalanzi wrote a letter to him and the Government asking for a tune of 6million in compensation for taking care of the said land.

The Indian stayed in Uganda for a short time and left the country till to date making the property revert to Government as the laws Government properties of the departed Asians.

Meantime when Government put in place the statutory organ to run the affairs of departed Asians properties the custodian board,   under the Expropriated Properties Act (EPA).(section 9)  required  for a claimant to return and be physically present before a property could be returned to such a person, the period given then was 120 days and those who failed to return and repossess their properties reverted to Government , Economic estate is one of them.

Kalanzi family court battles.

When  Mzee  Arthur Asaph Kalanzi died on 6th August 2004 his family got divided over wealth and among the property which was at the centre of conflict was the Economic Estate in Kikoma Kyabazala Mukono district.

In a civil suit No.211 of 2021    eight children of late Arthur Kalanzi  to mention Mugalula Henry, Kajubi Charles , Kanyerezi Robert, Mwebe Timothy, Kalibala Peter , Mwebe Siraji Kagwa and Namwebe Elizabeth sued Apollo Bill  Kalibala Kagwa , Mudde Rosemary (Admin of the estate  of late Arthur Kalanzi) Apollo Kagwa Kalibala and Kimera Moses aka Akaya Kajubi.

Court records indicate that Kimera Moses and others unanimously stated that the Economic estate Kikima   did not belong to their late father Arthur Asaph Kalanzi but to the Government.

They admitted before court in their affidavits that the said Economic estate was owned by the Asians who left the country and therefore could not be subjected to the properties to be shared by Kalanzi siblings.

In fact Kimera Moses who had wanted to be the administrator of his late father’s estates in his defence stated that he had discovered that what had been gifted to him by his late father Kalanzi the Economic Estate did not belong to Arthur Kalanzi but a property of the departed Asians and therefore did not fall under the wealth share of Kalanzi.

Kimera Moses who had occupied Economic estate right from the time of his father’s death vowed never to be disturbed on the said land since it did not belong to the late Arthur Kalanzi but Government land under custodian board.

Court went ahead and gave judgment leaving out the Economic estate since it was property that belongs to the Government.

 Kimera vs Custodian Board

Kimera Moses got  shock of his life when the Executive Secretary Departed Asian Property Custodian Board (DAPCB) George William Bizibu  gave an allocation to Byanguiwe Kayongo Moses and Kiwumulo Sarah Nakato as the new tenants of the custodian board for Economic estate in Kikoma Kyabazala  Ntunda sub county  Mukono district.

Kimera  Moses using his lawyer Byarugaba and Co. advocates  on Nkrumah road Kampala , rushed to court seeking to throw away Custodian board however, their nonsense lawyer Wandera  Ogaalo taught Kimera the books of law at Mukono high court that convinced  Justice David Batema to dump Kimera’s affidavits full of lies in at Mukono Municipality garbage collecting center   dust bin.

Following the outcome of the court ruling Mukono Resident District commissioner (RDC)  Hajat Fatuma Nabitaka Ndisaba  conveyed a meeting in Kyabazala to deliver the court verdict and called for calm among the Kimera family and the communities that Kimera have been hiring the land and though whom Kimera sold part of the estate.

Kimera family stampede  

 However, when RDC Hajat  Fatuma Nabitaka delivered the court verdict , Kimera’s family  which  had prepared to cause a stampede led by a UMEME staff officer   Abbu Ssebulime Kimera , removed their father Kimera Moses who moves in a wheel chaired bicycle and drove him away.

Upon their return, they grabbed a microphone and instead started abusing all officers, attempts to stop them by security caused more chaos forcing the meeting to end but the RDC had delivered her message to the locals.

 The RDC vowed to provide security during the boundary opening exercise should the custodian board inform her.

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