HAM CITES BIASE AS HE CONTESTS LAND COMMISSION DIRECTIVE OVER KIGO TITTLES

Businessman and Ugandan tycoon Hamis Kiggunda most known as Ham through his lawyers; Muwema and Company advocates has contested a report by the Commissioner Land registration in the Ministry of Lands, Housing and Urban Development to Cancel some of his land tittles on the contested land with Buganda Land Board.

We act for M/s Kiham Enterprises Ltd, the registered proprietor of the above land.

Our attention is drawn to the decision your office issued yesterday in respect of the above matter where you directed the amendment of the above register which affects our clients Freehold land titles.

Our client is aggrieved by the above decision and it has instructed us to challenge it on grounds of evident procedural impropriety and irregularities.

We observe that your decision hijacked the public hearing process which you had set up to investigate and handle the dispute/compliant of alleged overlap of our client’s Freehold land titles on mailo land.

We also observe that your decision is based on a minority report which contradicts the findings of the Joint Survey report made by the technical team commissioned by the tribunal. A copy of the survey report is attached hereto as annexure “SR” for ease of reference.

It is clear that the Joint Survey team which was comprised of staff from your department, Surveys and Mapping, Makerere University, NEMA and Surveyors of the parties, concluded that our clients Freehold land titles are on public land. It is however not clear on what basis the minority report could find otherwise and whether this report was intended to serve the interests of the truth or that of the complaint.

Be that as it may, your decision does not attach the Minority Report which appears to have been made outside the terms of reference of the Official Joint Survey.

We therefore request to be availed with a copy of the Minority Survey report and the typed proceedings of the Public Hearing to facilitate our next course of action.

View Fullscreen

In the Joint Technical Report of the Survey Carried out By 12 Surveyors and Cartographers including Buganda Land Board’s Bashir Juma Kizito , it was Concluded that; “

Wetlands on Kyadondo Block 273, boundaries and size (acreage).

The wetlands comprised on Block 273 are part of Lake Victoria drainage system and include primarily Kaliddubi and Lufuka wetlands and their tributaries. The wetlands in the Block 273 total to 2085.4 acres as indicated on the map.

Wetlands are protected under the 1995 Constitution of Uganda and hence cannot be alienated by the State. Any use of such area is restricted by law and such use must conform to Regulation 11 & 12 of The National Environment (Wetlands, Riverbanks and Lakeshores) Management Regulations 2000. The only activities permitted in wetlands are those listed in the Second schedule to these Regulations and such activities require a permit by NEMA.

Lake Victoria protection zone

The lower sections of Block 273 forms part of the Lakeshore protection zone as shown in Figure 2. The land comprised in the lakeshore protection zone amount to 445.8 acres.

Lake Victoria shore is specified in the Seventh Schedule of The National Environment (Wetlands, Riverbanks and Lakeshores) Management Regulations 2000. And that shall have a protected zone of two hundred meters and NO activity shall be permitted within the protection zone without a permit issued by NEMA.”

It should however be noted that NEMA had already approved and Permitted tycoon Ham through his Kiham Enterprises Uganda Limited to Use the Contested Land as in the Certificate bellow;

NEMA APPROVAL CERTIFICATE PERMITING HAM TO USE THE CONTESTED LAND IN KIGO

We shall keep you posted with more developments regarding this matter, Just Keep posted.

Would you like to get published on this Website? You can now email Uganda Times: an Opinion, any breaking news, Exposes, story ideas, human interest, articles or any interesting videos on: news@ugandatimes.ug. Or join the Ugandatimes WhatsApp Group or Telegram Channel for the latest updates.