Kampala – Highcourt Civil Division in Kampala has set the 21st June 2023 as the date at which it will hear a case Edith Jakana Nagujja acusses jakana foods limited (owned by her son ) of fraudulently selling her land to Kampala Capital City Authority (KCCA) without her permission.
Take Notice that the hearing of this case has been fixed for the 21 June 2023 9:30 AM o’clock in therefore/afternoon or soon thereafter as the case can be heard in this court. If no appearance is made on your behalf, by yourself , your pleader or someone authorised by law to act for you, the case will be heard in your absence.” reads the notice signed by Deputy Registrar of High court Civil Division.
The mother also accuses Commissioner for Land Registration of having asisted Jakana and KCCA to set aside the caveat which she had placed on her land LRV 4552Folio 13 Block 203 Plot 11780 Land at Kazo Kyadondo without her knowledge.
The case has developed a new twist after the widow through her lawyers have applied to court seeking for discovery of several documents.
“The 1st Respondent provides for discovery to the Applicant certified copies of Bank statements and/or payment details relating to the payment of Ug.Shs.827,453,640/= (Uganda Shillings Eight Hundred Twenty Seven Million, Four Hundred Fifty Three Thousand, Six Hundred Forty) by the 1st
Respondent to the 2nd Respondent being compensation in relation to 0.066 acres of land mutated off LRV 4552 Folio 13 Block 203 Plot 11780 Land at Kazo Kyadondo for construction of Nakamiro Drainage Channel.”
She has went ahead and asked Jakana to provide for discovery to the her certified copies of Bank statements for Account Number 0070017652 at Tropical Bank, Kawempe branch in the names of Jakana Foods Limited for the period June 2021 to November 2021.
That the commissioner in charge of land Registration provides for discovery to the Applicant a copy of the white page for LRV 4552 Folio 13 Block 203 Plot 11780 Land at Kazo Kyadondo showing all entries and encumbrances registered thereon as well as costs of the Application.
The Applicant instituted Civil Suit No.280 of 2022 contending that in the
subsistence of her caveat, the Respondents illegally and fraudulently dealt in the land comprised in LRV 4552 Folio 13 Block 203 Plot 11780 Land at Kazo Kyadondo.
However in their respective written statements of defence, KCCA and Jakana Foods admitted that a sum of Ug.Shs.27,453,640/= (Uganda Shillings Eight Hundred Twenty Seven Million, Four Hundred Fifty Three Thousand,six Hundred Forty) was paid by KCCA to Jakana the 2nd Respondent for the 0.066 acres off the land described herein without stating dates when the payment was done and/or made.
Defendants’ side
In defense, KCCA the first defendant through its Director Legal services, denied the above allegations on grounds that during preparation for construction of Nakamiro Drainage Channel, they first carried out an identification, verification and disclosure exercise and Jakana Foods limited was identified as one of the persons whose developments would be affected by the drainage Works.
They verified that the property described as LRV 4552Folio 13 Block 203 Plot 11780 Land at Kazo Kyadondo belonged to Jakana (2nd defendant) and later paid a compensation of UGX. 827,453,640/=
“Defendant was the registered proprietor, there were no registered
encumbrances on the Register of titles and it did not commit any fraud
as alleged.”
KCCA also contends that a caveat offers temporary protective
measure enough for the applicant to take positive steps in determining
the rights of the parties affected by it and is not indefinite and a permanent measure as envisaged by the Plaintiff.
They therefore asked court to have this matter dismissed.
