The contested land has had several incidents of house demolitions
Businessman Jackson Twinamasiko has petitioned President Museveni to rein in Maj Mark Wanyama, whom he accuses of grabbing his seven-acre piece of land located at Mbeya island, Mukono district.
In his petition, Twinamasiko said he acquired Block 494 Plot 9 in Kyaggwe from Francis Tyaba, through Joyce Lutaaya, who was entrusted with powers of attorney. Tyaba resides in the USA. According to the documents obtained by The Observer, Twinamasiko bought the land on November 6, 2019 for Shs 70 million.
“The transaction was to be paid in two installments and the last installment was supposed to be effected before the end of November, 2019. Among other terms was that upon payment of the first installment of Shs 20m through a bank transaction, I would take possession of the land and begin utilizing it,” he says.
Documents indicate that on November 20, 2019, Twinamasiko cleared the balance of Shs 50 million through another bank transaction. Four days later, however, Twinamasiko received a notification from the bank informing him that Shs 70 million had been wired to his account.
The transaction was made on November 21, 2019 after Lutaaya reportedly changed her mind about selling the land to Twinamasiko. On November 26, 2019, Twinamasiko dragged Tyaba and Lutaaya to court challenging the turn of events.
In the interim, Twinamasiko had the money deposited in the bank account of Mukono High court after securing an interim order restraining the respondents from doing anything on the land until hearing and final determination of the suit.
Amidst all this, Wanyama had applied for the land title and got it in January, 2020 but due to the interim order, the ministry of Lands cancelled it in November, 2022 on grounds it was issued in error.
CHANGE OF STATUS QUO
In 2021, Twinamasiko’s caretaker, identified as Alex Akampurira, was arrested and detained at Mukono central police station for trespassing on the land.
“When I reached the police, I was informed that I was also a suspect in an alleged offense of criminal trespass instituted against me on June 11, 2021, by one Maj Wanyama. Subsequently, I was arrested and detained and only released on police bond which I have been reporting on till now,” he says in the petition.
“Upon being released, I established that Maj Wanyama had purchased 16 acres on the same land from Lutaaya. Maj Wanyama claimed that on November 19, 2019, he purchased the same seven acres from Lutaaya,” Twinamasiko said.
ATTACK ON TWINAMASIKO’S EMPLOYEES
Twinamasiko claims that at two different dates in October and November, 2022, Maj Wanyama conducted attacks on the farm and caused harm to his employees, animals, tree species and the shelters. Twinamasiko said in spite of reporting to police several times, he has not been helped.
“Maj Wanyama, with the help of police officer Justus Twongeirwe, pursued all my files to the Office of the Director Public Prosecutions (DPP) in Kampala and had them closed. It is only his [Wanyama’s] file against me that was sanctioned by Andrew Odiit, who heads the Lands department at the office of DPP, and I was charged with criminal trespass,” he said.
However, Twinamasiko admits that the DPP has since called for all the case files for review.
WANYAMA DEFENDS SELF
Meanwhile, Maj Wanyama denies the allegations of land grabbing and destruction of property at the contested land.
“It is him and his group who destroyed my property. Last week, my house was razed. We managed to arrest 36 people, including his manager, and those people are supposed to appear before court. That gentleman has no paper on that land. Let him show you any agreement or a land title and I show you mine,” he says.
He adds he was the first to petition President Museveni and the matter ended up at the State House Land desk which investigated and threw him out.
“I opened a trespass case at the police and a report was made and concluded that the land is mine. The case proceeded to the DPP who pressed four counts of trespass, malicious damage of property, removing mark stones and falsification of land register against him. He was supposed to be arrested but there were some people covering him,” Wanyama adds.
Interviewed for this story, Lutaaya said she is not in the right position to comment on the matter.
“I know all the details about that land but I can’t speak to you in the absence of my lawyers because I don’t know who you are,” she said.
She referred this reporter to Andrew Bwengye, who represents Maj Wanyama. On his part, Bwengye said Maj Wanyama bought the land on April 6, 2019, and there is a sales agreement.
A source who preferred anonymity but is well-versed with the matter said Maj Wanyama bought the whole piece of land, which measures about 23 acres and paid Shs 144 million upfront and remained with a balance of Shs 70 million.
“After defaulting to clear the balance, there were negotiations which were held with different people. It was against that background that Twinamasiko’s agents negotiated the seven acres out of the entire property,” says the source.
“Later, Maj Wanyama emerged with the balance but Lutaaya had already sold the remaining seven acres to Twinamasiko. That’s where the scuffle started.”
geofreyserugo1992@gmail.com
Source: The Observer
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