By Sekaggya Seka Moses
Kampala, Uganda – November 3, 2024 – In a landmark ruling, the Kampala High Court has declared Damanico Properties Limited, an Indian-owned company, the lawful owner of a disputed parcel of land in Kabulamulilo, Kiboga District, central Uganda.
Retired UPDF Major General Geoffrey Muheesi had been accused of trespassing on the land, prompting Damanico Properties to file a suit asserting their rights over the land, comprising FRV 63, Folio 1.
The company claimed it purchased the land in 1998 from Khimchand K Shah Limited, which had successfully repossessed the land following the expulsion of Asians from Uganda in 1972.
The plaintiff sought a declaration of ownership, an order of eviction against Muheesi, and damages for trespass.
During the proceedings, Damanico Properties presented substantial evidence, including testimonies from multiple witnesses, to establish that they were the registered proprietors of the land.
Hon. Justice Ssekaana Musa delivered the verdict, emphasizing the importance of legal registration under the Registration of Titles Act.
The court noted that Damanico Properties had complied with all necessary legal requirements in acquiring the title.
Major General Muheesi contested the plaintiff’s ownership by arguing that he had “acquired rights from various bibanja holders” who claimed to have cultivated the land for decades.
However, the court found that despite his assertions, Damanico Properties maintained the legal title, which was confirmed by the official records of the land registration.
Justice Ssekaana concluded that the evidence presented by the defendant “did not disprove the plaintiff’s lawful ownership.”
As a result, the court ruled in favor of Damanico Properties, affirming their status as the legitimate owners of the land and dismissing Muheesi’s counterclaims.
This ruling not only clarifies the ownership of the land but also sets a precedent regarding the rights of registered proprietors versus claims of lawful occupants in Uganda.
Land conflicts have become increasingly prevalent in Uganda, particularly in regions like Mubende. Statistics reveal:
– 30% of civil cases filed in Ugandan courts involve land disputes.
– Over 50% of the population is involved in land-related conflicts, with many disputes stemming from unclear land tenure systems and competing claims of ownership.
– In Mubende District specifically, land conflicts have surged, driven by factors such as population growth, economic pressures, and the influx of investors.
Reports indicate that up to 70% of land in Mubende is subject to disputes.
These statistics highlight the significant challenges faced by local communities in securing their land rights.
The Uganda Land Alliance reports that unclear land tenure systems and competing claims of ownership are major factors contributing to these conflicts.
Effective dispute resolution mechanisms and policies addressing the root causes of these conflicts are crucial to mitigating the impact of land conflicts on Ugandan communities.
