Land Commission ordered to compensate Sir Apollo Kaggwa’s family over fraudulent land lease

The High court in Kampala has ordered the Uganda Land Commission (ULC) to compensate the family of the late Sir Apollo Kaggwa for fraudulently and illegally subdividing their land measuring 14.31 acres in Munyonyo.

This decision was delivered by the land division judge Alexandra Nkonge Rugadya today Thursday. In 2014, Solomon Luwalala, David Muyise and Apollo Wasswa Basudde sued the ULC seeking orders and declarations among others that the property comprised in Block 255 plot 98 and 97 Kyandondo is the property of the late Sir Apollo Kaggwa.

They also sought cancellation of all the transfers,  plots subdivided out of the said land as well as the titles. The court heard that the applicants are beneficiaries of Sir Apollo Kaggwa who died in 1927 and he owned several properties including the land in contention which ULC leased to the Registered Trustees of Kampala and private developers on a 99-year lease.    

They said by July 5, 2013, the suit land was in the proprietorship of the deceased, according to the microfilm report from the ministry of Lands, Housing and Urban Development. They discovered later that it was converted from MRV 243 Folio 23 and subdivided into plots 97 and 98 of Block 255 and then registered in ULC’s names. The land has also been traversed by Entebbe Expressway according to the evidence before court.  

Further, the administrator general took out letters of administration over the estate on May 28, 2012, and on May 21, 2014, powers of attorney were granted to the plaintiffs. As such, they asked the court to declare that ULC alleged fraudulent acts of subdividing the suit and illegally registering itself thereon as proprietor.

They sought damages for trespass and Shs 300 million, saying it would place them in a position that they would have been in if they had not suffered this wrong. However, in its defense, ULC told court that the applicants had no cause of action against it having lawfully obtained registration of the suit property.

They added that several transactions had since been carried out in respect of the suit land which were not shown by the microfilm report relied on by the applicants. They asked the court to dismiss the suit and did not turn up at the hearing and when parties were asked to file written submissions, only the applicants did so. 

In her decision, justice Nkonge ruled that the land in dispute belongs to the estate of the late Kaggwa which clearly made ULC a trespasser to the land and therefore the transactions on the land in dispute were illegal.  

“The plaintiffs (family) succeeded in proving their case against the defendant (ULC). However, since the third parties were not made parties to the suit or invited to testify as witnesses, it would be contrary to the rules of natural justice to have their titles cancelled. I would however allow the prayer for compensation of the suit land,” said Nkonge.

According to Nkonge, the value of the amount payable as compensation shall be assessed by the chief government valuer and shall be paid within 60 days following the report on the assessment.