The Kabaka of Buganda, Ronald Muwenda Mutebi, has been sued in court by city businessman Hamis Kiggundu for a 140-acre plot of land in Kigo, Wakiso district.
Through his lawyers Muwema and Company Advocates, Ham is challenging the decision and procedure that resulted in the cancellation of the land titles.
In his civil appeal filed at High court on November 2, 2022, Ham claims that the Commissioner of Land Registration violated the principles of impartiality and natural justice by using “double standards” and making decisions that favored the Kabaka.
Additionally, he claims that the Kabaka colluded with the commissioner to have his titles revoked illegally.
Ham claims that it was improper to revoke his titles based on purported procedural errors that “neither were pleaded nor proved at the public hearing.” He wants the decision to be overturned.
On September 6, 2022, Ham’s company Kiham Enterprises Limited had land titles revoked by acting Commissioner of Land Registration Baker Mugaino.
This came after the Kabaka of Buganda complained that the freehold land titles granted to Kiham Enterprises Limited were issued over his pre-existing Mailo titles.
Additionally, Kabaka complained that there were procedural irregularities in obtaining the titles and that they were issued in a protected wetland (a lake area).
The commissioner stated in his decision that he had made his choice based on the fact that titles that had been issued earlier had a title overlay.
He also said the disputed land was a wetland protected by law and doctrine of public trust.
“Now, therefore, by the powers conferred upon me and under Section 91 (2) of the Land Act, having found that the certificates of titles comprised in Kyadondo Block 273 Plots 23974, 23975, 23976, 239777 subdivided from Plot 23977, subdivided from Plot 23720 were illegally issued, I hereby order that the same be cancelled and expunged from the register Block forthwith,” Mugaino ruled.
He informed the parties that they had 60 days from the date of his ruling to appeal it, which Kiggundu did beginning with a notice of appeal submitted on October 31, 2022.