David Mafabi
20 May 2008
Mbale — The controversy surrounding 218 acres of land donated to the Islamic University by the government in 1996 has taken a new twist with the original land owners now asking court order to cancel the certificate of title for the land registered in the name of the university.
The customary land owners are seeking among other demands, cancellation of title in the name of Islamic University In Uganda and a permanent injunction restraining Islamic University agents and workers from setting foot on the said land until determination of the suit.
A document accessed by Daily Monitor states that the cause of action against the defendants is their failure to comply with the provisions of the Constitution, Article 26 [1], [2], [a], [b] and the Land Act which require them to promptly compensate at current market value all customary owners and lawful occupants of the 218 acres of land in Nkoma West which was given to the university by the government, and failure to give any satisfactory explanation to that effect.
"Take notice that the customary land owners of 218 acres of land at Nkoma West in Mbale Municipality, [herein after referred to as "the intending plaintiffs] intend to re-institute a suit against the Islamic University in Uganda [intended first defendant], Secretary General of the Organisation of Islamic Conference [2nd defendant] by which we jointly and severely seek a court order as to cancellation of certificate of title for the 218 acres of land [the suit land] registered in the name of the first defendant, damages and costs of the suit," the document dated May 8 and signed by 197 claimants of the land," the document reads in part.
The document adds that Islamic University registered its name as the proprietor of the 218 acres of land fraudulently before compensating the intending plaintiffs who were the bona fide occupants.
The document states that whereas the customary land owners appealed for compensation, and against the recognition of Islamic University by the government as the true owner of the land in 2000, their appeal has never been answered and that the land owners have never been compensated in accordance with section 78 of the Land Act.
The land owners led by their lawyers, Kakungulu & Co. Advocates and Mr Musa Kalokola, chairman of the customary land owners, say efforts to institute a suit against the government to compel it to compensate the land owners who are now living as squatters on their own land, were dismissed by the Attorney General, Mr Khiddu Makubuya.
Daily Monitor could not to reach Mr Makubuya for a comment as his phone was un available.
But a letter accessed by Daily Monitor, as a statement of defence filed officially in HCCS No. 0019 of 2006 at Mbale clearly states the money claimed by the land owners cannot be given to them.
The land owners allege that the university obtained land by false pretence and the government which claims to have given land to the university had ceased to own land in Uganda in 1995 when the Constitution came into force.
"Knowingly, the university connived and conspired with the Mbale District Land Board for leasing irregularly and fraudulently of the said land before paying the purchase price/compensation," reads the document.
Mr Kalokola says government has been very insensitive on the issue even when it is clear that the aggrieved families have been living like squatters on their own land and have been under constant threat of eviction by the university for the last 14 years.
The University Secretary Mr Waswa Masokoyi when contacted for a comment said: "The government is already preparing to pay compensation to these people so there is no reason for alarm. In fact as I speak the issue is about to be concluded."
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