The ongoing battle for 140 acres in Kigo between Hamis Kiggundu and Buganda Land Board (BLB) has entered a critical phase after a new survey report showed that Ham’s freehold title does not sit on the land managed by BLB.
The businessman, through his company called KIHAM, is battling BLB over the rightful ownership of the land that is adjacent to Mirembe villas and Serena hotel Kigo. Ham plans to set up a modern sports complex in the area to include football, basketball, tennis and volleyball, among others.
All this land is part of a 16-square mile Block 273. In April, BLB petitioned John Karuhanga, the Commissioner Land Registration, to cancel Ham’s title on grounds that it was illegally mapped out of Kabaka’s land.
However, an independent report by William Matovu, a certified surveyor, presented to the commissioner on May 19 rebuffs BLB’s earlier report that claimed Ham’s land overlaps into mailo land registered to the Kabaka.
“The freehold certificates of titles for Kiham followed. an already surveyed and demarcated boundary line of Plot 38 (mailo land), implying that the freehold certificates of titles share same surveyed data with mailo certificate of title at common boundary line,” reads part of the confidential report.
“This therefore confirms no existence of any overlap of the freehold certificates of titles into the existing mailo certificate of title for Plot 38 as alleged in the BLB survey report.”
The report further dug into the full ownership of Block 273 and found that contrary to BLB’s assertion that it is wholly owned by the Kabaka, there are actually 11 land owners on it. Among the owners is the Anglican Church, White Fathers Mission, Gombolola site as well as public land measuring 164 acres.
“This is further clarified in the acreage for the block 273 computed as 16 square miles and 559 acres as compared to the acreage of FC 18454 that was allocated 16 square miles and 228 acres. The difference in the acreages of 331 acres accounts for the other 10 interests,” reads the report.
In its earlier petition, BLB displayed an overlay of Kiham’s freehold titles onto the historical map detailing mailo land apportionment under FC. BLB presented a historical map to illustrate that there was no freehold land in the area. However, the new report indicates that the size of land allotted to the Kabaka excludes the public land.
“The BLB survey report is a total misrepresentation of facts about Kyadondo Block 273 boundaries and or misconstrued in facts. Kiham’s freehold titles were created and issued out of former public land, also referred to as ‘Total Lake Area.’
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In its conclusion, the report confirmed from the findings that the freehold certificates of titles owned by Kiham Enterprises (U) Limited comprised at Kigo were created out of land known as “Total Lake Area” (Public land), which is historically excluded from FC 18454, but situated under Kyadondo Block 273.
“The controlling authority of such public land is vested in the respective District Land Board on behalf of government, in this case, Wakiso District Land Board,” reads the report.
“The Freehold certificates of titles mentioned above were granted and issued by Wakiso District Land Board, which we confirm that it followed the right procedures and there’s therefore nothing erroneous and or illegal about the creation of the said freehold certificates of titles. When the Freehold certificates of titles mentioned were being created, they followed an already surveyed and demarcated boundary line for Plot 38 (occupied by Mirembe Villas), implying that the freehold certificates of titles share the same surveyed data (coordinates) with the mailo certificates of titles at the common boundary line.”
MEDIATION?
It remains to be seen what next step Karuhanga will take but The Observer understands that there are efforts by some elders in Uganda to mediate the matter.
“The more this issue drags in the media, the more it paints a negative picture on both sides yet they can solve it amicably. It exposes BLB to vulnerability,” said a source at the Lands ministry.
“If this matter escalates, BLB may have a hard time in the courts of law but Ham should also be ready to accept a concession.”
