Ugandan businessman Hamis Kiggundu through his real estates development arm, Kiham Enterprises, is seeking for the cancellation of a land title created on the contested Kigo land by Buganda Kingdom in favour of Pearl Development Group.
The petition addressed to the commissioner land registration looks forward to seeing the contested land titles cancelled claiming that they’re illegally retained on the land register, in accordance with section 91 of the Land Act Cap 227 as amended.
The leasehold titles in question are on block 273 plot 23040, block 273 plot 23041 and Block 273 Plot 23042 in Kigo, Wakiso district.
The petition filed by Muwema and Company Advocates, on behalf of Kiggundu, indicates that the land titles which encroach on his land were created out of mailo land comprised in block 273 plots 38, 87, 99 and 110, which all sit on the same public land.
The petitioners complained that the parent mailo land titles in this case are part of private mailo land, which cannot legally exist or sit on public land.
“Consequently, the questioned lease titles issued on the said mailo titles which are in the names of Pearl Development Group, were by infection, issued illegally,” Kiggundu submitted.
Kiggundu said the commissioner land registration issued the public survey report as an official body and it is mandated to uphold and give effect to the public survey report to enable proper and consistent discharge of its statutory duties.