Commissioner Land Registration Orders Cancellation Of Fake NSSF Title In Lubowa.

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Apr 23, 2024 - 23:01

Apr 23, 2024 - 23:22

Commissioner Land Registration Orders Cancellation Of Fake NSSF Title In Lubowa.

The commissioner of Land registration in the ministry of Lands has ordered for the cancellation of NSSF Fake Land title in Lubowa a Kampala suburb. The order comes after makindye court last week ruled that NSSF are not owners of them said land. Court later acquitted all the five people of charges of Fraudulently acquiring the title which was being claimed by NSSF.

Mr. Mugaino Baker,the Acting Commissioner of Land Registration in his report on the National Social Security Fund (NSSF) land at Lubowa identified loopholes in acquisition of land at Lubowa by NSSF.

The report indicated that NSSF bought land comprised in FRV 402 Foli 13 Block 269 plots 274, 323, and 1322 from Uganda Company Holdings Ltd in 2003 where all shareholders of this company Uganda Company Holdings Ltd could not hold a valid title in freehold tenure to pass onto NSSF since the 1995 constitution of the republic of Uganda and sections 40(4)(5)(6)(7) of the land Act forbids foreigners from holding Freehold or Mailo proprietary interest in land.

Secondly, the certificate of titles comprised in FRV 402 Folio 13 Block 269 plots 274 and 1322 measuring 285.07 Acres registered in the name of NSSF appear on the same certificate of Title without following the laid down procedure on amalgamation of titles which explains its overshot on the cad-astral and Kalamazoo. NSSF did not explain how plot 50 of only 0.797 acres came to create plot 1322 of 186.6 acres which is not practically possible.

The report further indicates that the certificate of title has three deed prints for the respective plots with mailo instructions to survey plot 1322-MA/Z/2/0253, plots 274 and 323 have no instructions to survey and this explains why they were not digitized and vectorized in the current land management system due to the irregularities sighted above.

The claim by the Estate of the late Yusufu Suuna Kiwanuka could not be established in the records at the registry kept by the commissioner Land Registration as FC and PC are closed under S 32 of the RTA limited by the limitation Act Because they are Civil in nature and above all they have been rejected by court.

The report however recommended that NSSF explore an amicable settlement with the complainant to acquire the extra land lawfully from the owners.

Additionally, the state agencies in conjunction with NSSF should institute criminal proceedings against individuals that may be criminally liable.

This report also ordered the commissioner surveys and mapping to increase the surveillance, oversight and supervision of the survey Register to ensure compliance to standards that will help avoid overlaying of surveys to create double titling.

Recently court pronounced that acquitted five people who were accused of fraudulent procured of the title of land comprised in FRV WAK 6104 Folio 24 Block 269 Plots 323-3240 on which the fund's Lubowa estate is seated.

The battles between NSSF and customary owners of land namely; Muhammad Lubowa, Bogere Moses, Namanya Betty, Nakanywagi Daphne, and Onyango Patrick started around 2014.

In April 2015, they applied for the issuance of the certificate of title which later was issued in 2019. In January 2020, Commissioner Land Registration canceled their titles

This led to the above Individuals to file a court case against the Registrar's decision via Miscellaneous cause 227 of 2020 before High Court seeking for orders quashing the registrar's decision, an order of mandamus requiring the Registrar to restore their title.

The trial judge Musa Ssekaana in his ruling quashed the decision of Land Registrar cancelling the applicants' title.