Justice Joseph Murangira has cancelled the transfer of 300 acres of land in Lubowa in Wakiso district to city businessman Hassan Basajjabalaba saying the transfer is illegal. The land worth billions of shillings was sold to Haba Group (U) Limited that belongs to Basajjabalaba in 2010 by Kikonyogo Investments Ltd.
However, Lakeside City Ltd dragged Haba Group (U) Limited, jointly with junior Lands minister Sam Engola, Lakeside Township Ltd, Kikonyogo Investments Ltd and the Attorney General for breach of contract, fraudulent sale and transfer of the suit land. Lakeside is owned by Asians of Ugandan origin and they deal in real estate. According to the court files Lakeside City Ltd bought the disputed land from Lakeside Township Ltd in 2010 but registered it in the names of Minister Sam Engola.
Engola withdrew from the deal citing pressure from his party as the 2011 elections drew closer, but the land was still registered in his names. It is alleged that Ms Sarah Kulata, the commissioner Land Registry, illegally cancelled Lakeside City Ltd as the lawful owners of the land and registered it under Lakeside Township Ltd. She reportedly later transferred the said land title from Lakeside Township Ltd into Kikonyogo Investments Ltd and transferred it again to Haba Group Ltd.
As a result, Lakeside City Ltd, petitioned High court to nullify the transfer. In his ruling on Thursday, Justice Joseph Murangira of the High court land division noted that at the time of the said transfer, there was a court injunction barring the same but the two companies ignored the order. He therefore cancelled the transfer saying it was null and void. Justice Murangira ordered the Commissioner Land Registration, whom he also faulted for ignoring earlier court orders, to immediately register Lakeside City Ltd as the lawful owners of the land.
He said that transfer from minister Engola to Lakeside City Ltd that was rejected by the Commissioner for Land Registration was good in law and should be effected. The judge also ordered Lakeside Township Ltd, Kikonyogo Investments Ltd, Attorney General and Haba Group (U) Ltd to meet all the costs incurred by Lakeside City Ltd in pursuing this case. Harshad Damani, the director Lakeside City Ltd hailed the ruling saying justice has been delivered. He also asked the Inspectorate of Government to reinstate the case of abuse against Kulata that was earlier on dropped by court. Geoffrey Mutaawe, the lawyer for Kikonyogo Investments Ltd has vowed to appeal the ruling.
