Who owns Naguru- Nakawa estate land?

During the meeting, it was also agreed that the small developers’ land titles be maintained as subtitles on the main title of the developer.

Otafiire reminded Atubo that the president had however suggested that before a final decision was taken, the Attorney General and Minister of Justice should provide legal advice on the matter, particularly on the issue of cancelling the titles.

“We are now awaiting the legal opinion from the Attorney General which will be used to define the way forward. I therefore do not agree with you that Nakawa Housing Estate be left out of this project altogether and that the land allocations to the small developers should not be cancelled,” Otafiire told Atubo.

“This is because the legal consequences for government not to cancel these land titles could be severe as the land is already committed under the agreement which the government signed with the developer in October 2007. Government has the duty to honour its obligations without being forced to do so, Otafiire charged.

According to the contract between government and Opecprime, the investor was given the land covering the entire Naguru-Nakawa estate. The contract barred government from allocating the land to any other investor.

It has been established that during six negotiation sessions between government and Opec Prime on February 16, March 13, April 12, May 2, June 19 and 22, all in 2006, it was agreed that even though there were two notable title holders: Islamic University in Uganda (which had been officially given 2.5 acres but got 10 acres): and Mr and Mrs Ponsiano Ngabirano (who got one acre), no other organisation or individual would be given land in this area.

The Ministry of Local Government instructed  the Uganda Land Commission to ensure this land was not tampered with.

According to a July 24, 2006 letter to the Uganda Land Commission, the Permanent Secretary of Ministry of Local Government, Vincent Ssekkono, said the two estates would be developed into a modern satellite town with 1,700 flats for the sitting tenants, executive flats and commercial buildings and that all the land had been earmarked for this project.Â

Surprisingly, on September 3, 2006, less than two months after this letter, 0.351 hectares of the land was leased to another developer, Abner Besigye. This was later followed by more land giveaways to House of Dawda, CTM and other private individuals. Strangely, all these giveaways are supported by documents from Ministry of Lands.

On September 12th, 2008, Otafiire wrote to the Attorney General and Minister of Justice asking them to proceed and provide legal opinion, as directed by the president, on the implications of allocating part of the Nakawa-Naguru land to other developers contrary to the contract between government and the originally approved developer, Opecprime Properties.

A source close to State House said that by last week, the president had not received the legal advice from the Attorney General and Minister of Justice.

The Independent has learnt that while all this was going on, another private developer, Excess Uganda, approached the president seeking 17 acres also on the Nakawa-Naguru land. The president asked the Uganda Land Commission (ULC) whether there was land still available outside the part already allocated to Opecprime Properties. The ULC informed him there were 13 acres available.

On the strength of this information, President Museveni wrote to the ULC chairman on October 8, 2008 asking them to provide land for Excess Uganda, which he said intended to build an export promotion centre.

“In a bid to promote investment in general and this investor in particular, I have no objection to avail the remaining land (13 acres) which you stated has no encumbrances in your letter of 19th August, 2008.The investor requires 17 acres to realise this project but this leaves a deficit of four acres only. The purpose of this communication therefore is to direct you to avail the said land to the aforementioned investor if there are no complications involved,” Museveni told the ULC chairman.

Clearly, this shows the president acted on misinformation that there was free land on the Nakawa-Naguru estates. But it’s equally clear and strange that the president turned his office into a clearing house, where investors seeking land would go to him directly instead of the official organs of government.

Lawyers for Opecprime Properties, Kampala Associated Advocates and Tumusiime, Kabega & Co. Advocates are challenging the reallocation of the said land. They have written to the Attorney General about their intention to sue government for alleged breach of contract. They contend that the government entered a contract with Opecprime and should ensure that the latter gets all the land given to them.

THE TENANTS

They have vowed not to leave the estates unless government and Opecprime Properties have compensated and relocated them. But Opecprime Properties says it has no obligation to compensate or relocate them. This means that having lost the case against Opecprime Properties, the latter can now apply for a court order and evict the tenants at their cost.

A lawyer who declined to be named and who was providing voluntary (probono) support to the tenants has pulled out of their case. The Naguru-Nakawa Tenants Association that represented the tenants has gone quiet. The lawyer said that heads of the tenants’ association disregarded their lawyers’ technical advice and failed to raise enough money for legal expenses and fees for Alaka advocates, who had been representing them.

He said Alaka and Company Advocates had also pulled out of the case, but the latter refuted the claims and insisted they were still pursuing the matter in court.

Meanwhile, during his recent trip to UK, President Museveni met the Cormer Brothers UK (Brian and Luke Cormer), the parent owners of the Opecprime Properties Uganda. The Cormer Brothers reportedly asked Museveni whether it was true that he was personally giving out pieces of the Nakawa-Naguru land which was allocated to their franchise Opecprime Properties Uganda. Museveni reportedly promised to revoke all the giveaways on the said land if the Cormer Brothers committed themselves to immediately commence the redevelopment of the two estates.

With all this hullaballoo, it’s just puzzling on who the rightful owner of the Nakawa-Naguru will be. Opecprime Properties problem now is no longer only the tenants but also the new investors who have developed interest on the same land.