Family accuses electricity firm of constructing on disputed land

Kampala, Uganda | THE INDEPENDENT | A family has appealed to authorities to prevail over Uganda Electricity Transmission Company Limited-UETCL, which they accuse of defying a court order not to construct on a piece of land whose ownership is under contestation in courts of law.

The angry family members allege that UETCL has in violation of a court order cleared and started constructing pylons forming part of the Mutundwe-Entebbe power transmission.

In August 2019, the High Court Family Division issued an order stopping any action on the disputed land, until final determination of the dispute regarding the ownership of the land.

The court held that the 8 acre piece of land at Nakirama-Kasenge on Block 350 is still under investigations/adjudication by court, stating thus: “The parties are hereby barred from tampering with the status quo until the civil suit is disposed off.”

The court order is in regard to a dispute between four administrators of the estate of the late Nuwa Ronald Kalule, who sued the administrator general over alleged fraudulent sub division and sale of their land. They are Geoffrey Misach Kasujja, Simon Peter Kakande, Kayiza Daniel and Ruth Nakitto.

The administrator general was sued jointly with a one Rukia Nakityo who purportedly acquired the disputed land before parceling and selling it to Richard Mukasa, Edith Nakatude, Michael Muwonge and Teopista Nambalirwa; all who are parties to the case.

The Commissioner for land registration was also sued for being in charge of land registration.

Through their lawyers, the family members allege that officials from the Administrator General’s office fraudulently bypassed the complainants and other beneficiaries of the land in dispute and included other people to deprive the administrators of their land.

According to the court documents, a total of five titles were issued on Plot 43 without prerequisite surveyor’s field report and in disregard of the caveat lodged for registration.

The complainants are seeking court orders for cancellation of all titles issued by the Commissioner of Land Registration on the disputed land and to be reinstated on the land titles as well as legal costs incurred.

At a family meeting held at Nakirama village in Wakiso district, the administrators of the estate led by Kasujja accused the electricity transmission firm of unlawfully and in contempt of court orders, starting to construct a transmission line on part of the disputed land.

Kasujja also accused the administration of UETCL of using security apparatus to deprive them of their interest in the land, whose ownership wrangle has led to their arrest and detention in various police cells. He said that officials of the Administrator General acquired a fraudulent title which was transferred to a one Rukia Nakityo who has never appeared anywhere even in court but she purportedly sold to five other people.

Kasujja also said that the land was divided by the clan but land grabbers working through the Administrator General’s office created a title. He said: “We are surprised that when there is a court order, we see armed soldiers on ground in violation of court orders and our rights on the land.”

On August 25 this year, in a notice to the managing director of UETCL, the lawyers of GEM Advocates warned that should the electricity company fail to comply or obey the court orders, punitive measures would be taken.

“Should you fail to heed to our clients’ demands with immediate effect from the date of receipt hereof, we shall give further instructions to invoke coercive legal remedies available to our client to your detriment, embarrassment and colossal loss,” reads the notice copied to the judge in the Family Division of the High Court.

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