BY OUR REPORTER
The owners of Plot 98 to 104, Nakivubo Road, Kampala LRV 646 Foli12, which were originally by Indian before they were expelled by the former President Idi Amin, have alleged how a Kampala Businessman is fraudulently trying to acquire it by deception.
The 24 families say the properties belonged to their relatives who were expelled by Idi Amin. These families under their two associations, Park View Ltd and Bharat Properties Ltd, state that whereas the former Attorney General William Byaruhanga in 2019 said the disputed properties on Plot 98 to 104, Nakivubo Road, Kampala LRV 646 Foli12 advised that the properties belong to them, DAPCB is attempting to sell them to one Abdul Kasai.
The families accuse the DAPCB under its executive secretary, George William Bizibu, of ignoring the Attorney General’s opinion on the matter, which indicated that the properties had been repossessed by their owners.
In October this year, the same families of Asian origin filed their suit at the Land Division of the High Court to which they claim that, whereas they hold the land title for the disputed properties, Kasai is trying to fraudulently acquire another land title for the properties.
“The plaintiffs (the 25 families) have recently with shock learnt that the Ministry of Finance issued a certificate of purchase or receipt to the first defendant in the case, one Mr Abdul Kasai through custodian board,” the suit reads in part.
The families of Asian origin sought court redress after the commissioner of land registration at the Ministry of Lands, Mr John Karuhanga, in a September 28, 2021 letter, informed Prof Syed Abidi, the representative of the families, the land title earlier issued by the Uganda Land Board for the disputed property was in error and should, therefore, be cancelled.
“This office further received instructions from DAPCB to issue a special certificate of title for LRV 646 Folio 12 Plot 98 to 104 Kampala Road. A certificate of receipt was accordingly issued to one Kasai Abdu by the MoF upon directive by President Museveni. You are, therefore, advised to follow up the issue of ownership of this land with MoF, DAPCB, and Parliament of Uganda,” the letter reads in part.
But the families, who want court to issue a permanent injunction restraining lands from transferring the property to Kasai through the Custodian Board, say all this is contrary to the Attorney General’s legal opinion on the matter.
In his opinion on August 15, 2019, then Attorney General William Byaruhanga, had told the Ministry of Finance that the properties had already been repossessed by the original owners.
“The background to this request for a legal opinion is premised on a letter by the Principal Private Secretary to President Museveni, dated June 28, 2019, to the MoF (Ministry of Finance) informing you that Hajji Abdul Kasai had identified Plot 98 to 104 Nakivubo Road, Kampala and wanted it to be allocated to him following a meeting with the President to resolve a long-standing dispute,” Byaruhanga wrote.
“The property has been repossessed under the Expropriated Properties Act by the issuance of the repossession certificate by the minister and is not subject to allocation or interference by Custodian Board and MoF,” he added.