How Former NSSF ED Byarugaba Miss-Advised President Museveni To Launch Lubowa Housing Estate On Non-existing Land.

Apr 24, 2024 - 16:19
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How Former NSSF ED Byarugaba Miss-Advised President Museveni To Launch Lubowa Housing Estate On Non-existing Land.

Residents in the Lubowa NSSF housing estate in Wakiso district are living in fear after learning that the land title they are sitting on has been canceled by the court and is non-existent.

On 14th September 2022 on the directive of the president, the Attorney general wrote to the Commissioner surveys and Mapping Wakiso district requesting the fact findings on block 269 plot 1322 and 3234-3241 Kyadondo, and another letter sent on 21st November 2022 by the same attorney general asking for the rightful owner of the above-mentioned land.

Subsequently, the Commissioner Land Registration caused the public hearing and parties were invited State agencies that are Inspectorate of Government, the Directorate of Criminal investigation police, the Attorney General, Statehouse Ant Corruption Unit.

The record in the drawing office shows that plot 97 was subdivided into plots 272 to 274 by Uganda company (Holdings) Limited which land does not reflect any such subdivision of the said plot 97 which is still intact.

The residue of plot 97 which is plot 274 is also titled and still in the names of Uganda Company Holding limited but there is no record on how it came to be amalgamated n the NSSF comprised in FRV402 Folio 13 which means that the mother title is either defective or the subdivision that created plot 274 since the two cannot exist concurrently.

The findings 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 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.

This NSSF Lubowa housing estate is estimated at a cost of $72-million SOLANA lifestyle and Residences and the housing units include bungalows, apartments and villas among others which is estimated to cost between $215,000 (Shs 800m) and $890,000 (Shs 3.2bn).

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