Kabaka, Akright in land dispute ![]()
NOW WHAT? Developments on the disputed land
A dispute has arisen between Kabaka Ronald Mutebi and real estate company Akright Projects, over a 30-acre piece of land in Mutungo Kitiko in Wakiso District.
The Kabaka has directed the Buganda Land Board (BLB), through its lawyers A.F. Mpanga Advocates, to seek the courts help in nullifying all the land titles Akright has given to over 127 new plot owners.
The majority of the plots have already been developed into posh residences.
The 30 acres are on Kyadondo Block 273, Plot 321, which was leased by the Uganda Land Commission (ULC) to Zaverio Kasawuli for 44 years with effect from March 1, 1984.
Kasawuli was leased the land for grazing and he only registered it after eight years on August 24, 1992. He registered the land with the Uganda Land Registry almost a year before Kabaka repossessed his property, which became public land with the abolition of the monarchies in 1966.
Kasawuli sold the land to Akright in 2002 and the variation of lease deed was made on October 7, 2002 between Mpigi District Land Board (MDLB) as the leaser and Akright as the leasee.
The deed also changed the land use from grazing to residential and changed the lease period from 49 to 99 years.
The October 11, 2002 lease document was compiled by Mutambi-Mushega and Co. Advocates and bears the stamp of Uganda Revenue Authoritys (URA) internal revenue department.
Levi Zzimbe, the BLB secretary, on Thursday said it is known at the Uganda Land Commission (ULC) that Block 273 refers to all land that belongs to the Kabaka.
He added that Akright knowingly entered a dubious deal with the MDLB to change the land use from grazing to residential, when both parties well knew that the property had already been returned to the Kabaka.
Zzimbe said the BLB had thrice written to Akright over the matter, but they had refused to take heed.
We are to seek court action to nullify all the titles Akright gave to the unsuspecting buyers, Zzimbe said.
Anatoli Kamugisha, the Akright Managing Director, said they bought the land as public land and got all the land titles from the ULC.
He said that they divided the 30 acres into 127 plots, of which less than 25 still belong to them.
We gave titles to all those who bought service plots which cost between sh4.5m and sh5m and to those who bought already developed plots, with the most expensive four-bedroomed house going at sh125m.
Kamugisha denied receiving any notice from BLB or being summoned by any court.
Zzimbe said under the Land Act no one can change user and lease terms without the land owners consent. He said Akright should have sought permission from the BLB.
He also said the board no longer gives 99-year leases, adding that from 1993 Kasawuli was paying ground rent to the BLB because he knew the land belonged to the Kabaka.
Kamugisha, however, said, This is maligning my business. We sold some of the plots to Mengo officials, some of who are Buganda royals, in the United Kingdom.
Kamugisha said no Mengo official had ever come out to challenge them, adding that the BLB should publish a list of the Kabakas land. He also said the kingdom should instead sue the ULC, not Akright.
A Mengo source, however, said that there was no way they could sue the ULC because Akright dubiously dealt with the MDLB, which then had jurisdiction over the area.
The source added that the onus is on the buyer to find out who the rightful land owner is and if Akright had done so it wouldnt have gotten into a mess.
Kamugisha warned that unless the Buganda land issue was given due attention most banks would stop lending money to estate developers or it would charge a minimum interest rate of 50% because they would be afraid of risking money in such ventures.
Kamugisha said some people were already calling Akright to asking whether they had bought air.
Kamugisha said the real estate business depends on the trust of buyers.
We are likely to lose business because of this controversy, for which we are not to blame, he complained.
Mengo officials said Akright must pay back those who acquired land from them, or pay the Kabaka for his land at the current value.
A. F. Mpanga Advocates could not be reached for comment, but a reliable source said if Akright were willing to settle the matter outside court, they would be given a hearing.
EndsSunday Vision: Saturday, 21st October, 2006
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