KAMPALA – Businessman Hamis Kiggundu has run to court seeking the cancellation of a land title created on the contested Kigo land by Buganda Kingdom in favor of Pearl Development Group.
Commonly known as Ham, through Kiham Enterprises, in a petition addressed to the commissioner of land registration looks forward to seeing the contested land titles canceled claiming that they’re illegally retained on the land register, in accordance with section 91 of the Land Act Cap 227 as amended.
The leasehold titles in question are on block 273 plot 23040, block 273 plot 23041 and Block 273 Plot 23042 in Kigo, Wakiso district.
The petition filed by Muwema and Company Advocates, on behalf of Kiggundu, indicates that the land titles which encroach on his land were created out of mailo land comprised in block 273 plots 38, 87, 99 and 110, which all sit on the same public land.
The petitioners complained that the parent mailo land titles in this case are part of private mailo land, which cannot legally exist or sit on public land.
“Consequently, the questioned lease titles issued on the said mailo titles which are in the names of Pearl Development Group, were by infection, issued illegally,” Kiggundu submitted.
Kiggundu said the commissioner land registration issued the public survey report as an official body and it is mandated to uphold and give effect to the public survey report to enable proper and consistent discharge of its statutory duties.
FULL PETITION READS BELOW
20th September, 2022.
OFFICE OF THE COMMISSIONER
2 1 SEP 2022 *
P.O.BOX 7061. KAMPALA
The Commissioner Land Registration, Ministry of Lands, Housing and Urban De
Plot 1 Parliamentary Avenue, P.O. Box 7061, KAMPALA.
Plot 50 Windsor Crescent Kololo
P.O. Box 6074 Kampala, Uganda.
Telephone +256 414 257 661
RE.: PETITION TO CANCEL LAND TITLES COMPRISED IN LEASEHOLD
- WAK5087 FOLIO 4, BLOCK 273 PLOT 23040, ii. WAK5768 FOLIO 7, BLOCK 273 PLOT 23041 iii. WAK 4575 FOLIO 17 BLOCK 273 PLOT 23042
ALL ARISING FROM PLOT 4839 AND SITUATE AT KIGO
We act for M/S Kiham Enterprises Ltd on whose instructions we a dre you herein under.
As you are aware, your office commissioned a public survey of Block 273 on the 14th day of June 2022 and a survey report was issued on the 30th August 2022. (A copy of the said survey report is enclosed herein as annexure “PI”)
A key finding of the above report is that our client is the defacto registered proprietor of several parcels of land created on public land found on the said Block 273.
The other key finding is that the above leasehold land titles which encroach on our client’s land, and were created out of mailo land titles comprised in Block 273 Plots 38, 87, 99 and 1 10, all sit on the same public land.
BUGANDA LAND BOARD
Our complaint is that the parent mailo land titles in this case are part of private mailo land which cannot legally exist or sit on public land. (See St-Mark Educational Centre v. Makerere University Civil Appeal No. 40 of 1997)
Consequently, the questioned lease titles issued on the said mailo titles which are in the names of Pearl Development Group Ltd, were by infection, issued illegally. (Copies of the search statements touching the impugned land titles are attached hereto as grOUP annexure “P2”)
It is trite that the public survey report which your office issued constitutes a public document/record under S.73 of the Evidence Act Cap 6 which provides inter alia that,
“The following documents are public documents;
- a) documents forming the acts or records of the acts;
- of the sovereign authority, ii. of official bodies and tribunals. “
It is also trite that your office issued the above public survey report as an official body/tribunal and it is mandated and obliged to uphold and give effect to the public survey report to enable a proper and consistent discharge of it’s statutory duties.
In that regard therefore, we raise this petition for the cancellation of the above impugned land titles as they are illegally retained on the land register, this in accordance with S. 91 of the Land Act Cap 227 as Amended.
We shall oblige your timely action in the matter.
Ml-JW CO ADVOCATES
c.c.: Pearl Development Group Ltd, P.O Box 37761, Kampala.
c.c.: Buganda Land Board.