Museveni moves in to resolve land dispute in Kiboga

______________________

President Yoweri 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 a one Badiru Mwanje.

During the meeting, the President's advisor on police affairs, Susan Kasingye, informed Museveni that the land dispute is a matter of double titling, premature eviction and uncoordinated enforcement.

(PPU)

“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," she said.

"You decided that I should call Dr Keefa and inform him to mobilize, that you will be here to solve this matter. Mr Mwanje Badiru holds a mailo title for this land dating back about 30 years or more, but there are departed Asians who have a freehold title dating back to 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 [Director of Public Prosecutions] to advise. The DPP, among other issues, advised that they should open boundaries,” explained Kasingye.

“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 the Police or court, and even by the time of eviction, there was no report for the boundary opening exercise. 

"So, Brig. Lukyamuzi came with his team, and they occupied the land and now Mr Mwanje is not on the land.”

(PPU)

'Common sense'

Museveni, who gathered evidence from various locals in the area, noted that in the first place, it was wrong for Ainebyona to evict 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," he said.

"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.

“You would have reported to the Ministry of Land and the 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," added the President.

He also wondered where Ainebyona and his group got the powers to evict someone, describing their action as usurping the 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 that 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 power to cancel a title or order for an eviction. They just put into action what the other two have decided.”

The President 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, Museveni ordered the arrest of Ainebyona and trespassers (Ainebyona and group) off the contested land. He also directed 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 [Frances] Abodo [DPP] 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 the Police here to see what we have decided here is maintained.”

(PPU)

(PPU)

'Title is hanging'

Lands minister Judith Nabakooba, also present, 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 in 1999 in Bukomero, Lwankonge," she said.

"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 to 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.

Nabakooba 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.”

Lands minister 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 course.”

'Waiting for survey report'

DPP Abodo revealed that the issue involves a block which has two plots (plot 2 which is freehold, and plot 6, which is 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. Isoke said Ainebyona is likely to face charges of forcible entry, criminal trespass, malicious damage, as well as theft and assault after some residents unearthed evidence of assault against him and his men.

Ham Kizza, the LC1 chairperson of Lwankonge village, thanked Museveni for intervening in the land wrangle that has taken a long time without being solved.

He said that as local leaders, they tried to solve the issue, but all their efforts hit a dead end.