COURT DECLARES FAMILY AS RIGHTFUL OWNERS OF 61/2 SQUARE MILES OF LAND AFTER MORE THAN 100 YEARS.

Omongole & Co-Advocates represented the plaintiffs and judgement was entered in their favour.

BACKGROUND

The Plaintiffs, Administrators of the Estate of the Late Temutewo Bigomba of Nkima clan instituted a suit against the Defendants Temutewo Bigomba of Musu clan & others for a declaratory orders that the suit land situate in Busiro measuring 6 miles, 59.60 acres and residue of 244 acres at Kitende, Kawoto, Bwebajja, Lumuli, Kitovu, Kulambiro, Ddunda and Mazzi Estates all along Entebbe Road, Buganda, belongs to Bigomba of Nkima.

The Plaintiffs claim that the said suit land was allotted to the late Temutewo Bigomba of Nkima clan on 18/11/1911 by Her Majesty’s Government and was issued a Final Certificate (F.C) of Titte No. 8848.

The Defendants refuted the Plaintiffs’ claim arguing that the said suit land was allotted to Temutewo Bigomba of Musu clan. The issue in contention was who of the two Temutewo Bigombas was the rightful allottee the said land.

The suit land Constitutes 6¹/₂ square miles and occupied by thousands of persons with Titles and Kibanja (squatters).The Temutewo’s of Nkima clan lost the land allotted to their family in 1911around about 1922 and various family members have pursued the matter in courts and of the part of land returned to them in 1970’s but the same was cancelled by a magistrate’s court in 1980’s.

They continued in quest for justice with various members of the family dying along the way. Finally in 2005, letters of Administration were granted to one of the great great grandchild James Katumba with the great grandson Mukasa George to pursue the matter against Administrator General, Temutewo Bigomba of Musu’s estate, Robinah Kiraga and Nasanairi Kiraga who seemed to be architect of fraud. Mukasa dies along the way and again the family was back pursuing letters of Administration, several judges handled the matter dismissed various objections raised against the suit, finally Justice Byaruhanga pronounced a final decision on the 8^th December 2023 bringing the fight of generations in a period of more than 100 years to its 1^st comprehensive and logical conclusion.  

FINDINGS OF THE COURT

1. On whether the Plaintiffs are the rightful owners of the land situate in Busiro measuring 6 square miles, 59.60 acres and whether the 1^st Defendant’s grandfather Nasanairi Kiraga lawfully acquired the land situate in Busiro measuring 6 miles 59.60 acres were joint fully handled.
   
   Court found that the Plaintiffs are the rightful owners of the suit land and the 1^st Defendant’s grandfather Nasanairi Kiraga fraudently acquired the suit land at Busiro measuring 6 miles, 59.60 acres.
2. On whether Temutewo Bigomba Kiraga the 1^st Defendant’s husband lawfully acquired the 244 acres of land at Kitende.
   
   Court held that the 1^st Defendant’s husband fraudently acquired the 244 acres of land at Kitende, Kajjansi that belonged to Bigomba of Nkima and not Bigomba of Musu clan.

Court pronounced on the remedies available as follows;

• The land comprised in Busiro containing 6 miles,59.60 acres which include the 244 at Kitende, Kawoto, Bwebajja, Lumuli, Kitovu, Kulambiro, Ddunda and Mazzi estates all along Entebbe Road, Buganda belongs to the late Temutewo Bigomba of E’nkima clan as original grantee under the Colonial Government in 1911 and would be entitled to enjoy the property.
• General damages and compensation and cost were awarded to the plaintiffs.

LEGAL IMPLICATIONS

1. Thousands of people over the years acquired titles on the said land, others acquired Kibanja interests which now following the decision of the court have to be rectified in one way or the other. The land probably has over 10,000 people with interests in it which were all acquired over the years and are now subject of consequential orders for either cancellation or regularisation.
2. Even after 100 years fraud can’t stand once discovered and no title can be clothed with fraud.
3. Declaratory Orders can be sought whenever a party seeks to confirm a right. It is a remedy which in our law is provided for under Order 2 rule 9 of Civil Procedure Rules.
4. Fraudulent succession, is succession of “AIR” and beneficiaries cannot convert it to property.
5. There was no inheritance of land in Buganda without a Succession Certificate as per the Land Succession Law 1912.  

Authors