The Inspector General of Government (IGG) Beti Namisango Kamya has kicked off investigation into allegation that top city tycoons connived with Uganda Electricity Transmission Company Limited (UETCL) to benefit from Shs28.8bn illegal compensation from President Yoweri Kaguta Museveni’s government.

The development resulted from a requested letter from Dr Sam Mayanja the State Minister for Lands in the Ministry of Lands Housing and Urban Development claiming that the land where government compensated the tycoons is public land hence they fraudulently obtained the land titles they used to secure the deal.

Mayanja revealed to the IGG that he has done preliminary investigation into the allegations and establish that the tycoons secured the land titles registered on: LRV 4143 Folio 2 Plot 14, LRV 4143 Folio 3 Plot 16, KCCA 3741, Folio 19 Plot 12A, LRV 4144 Folio 7 Plot 28-40,  LRV 4139 Folio 13, Plot 8, LRV 4130 Folio 14, Plot 41, Volume KCCA 232 Folio 21, Plot 1-4. 5-7, and 8-11 and LRV 4149 Folio 15 Plots 18-26 and 10-12 fraudulently after learning that the government was going to pass the Namanve-Luzira 132 KV transmission through that land.

Mayanja further claim that the accused tycoons include: Flavia Muntuyera, Asuman Irunga, Delmas Apartments Limited, Prestigious Apartments Limited, Aisha Mulungi, Irene Kwera and to his surprise, Muntuyera and Irunga had been listed twice which means they had benefited twice.

Mayanja also revealed that he has established that the said tycoons didn’t pay stamp duty when the land titles were made in their respective names.

In the letter to the IGG, Mayanja said that he has instructed the Commissioner Land Registration to put a caveat on the said land titles in question until the investigations are complete.

He pleaded with her to also take legal action against all the culprits for causing financial loss to the government.

However, theGrapevine established that the multibillion transaction resulted from a court suit where the tycoons sued the Attorney General Kiryowa Kiwanuka, UETCL which was represented by K&K Advocates, a law firm where Kiwanuka is a founding partner and the Commissioner Land Registration and all parties entered a settlement to resolve the matter out of court.

It was agreed that all the plaintiffs agreed to be compensated with Shs28.852bn being full and final settlement on all the claims they had on the land and highly placed sources in the Ministry of Lands confirmed to theGrapevine that the said amount of money was paid to the beneficiaries.

However, in September 2023, Attorney General Kiwanuka wrote a legal opinion advising that the government should not compensate any land title in a wetland and his advice was directly going to the people who claim that they were affected during the construction of the electricity transmission line along Namanve-Luzira.

“Section 44 of the Land Act guides us on how we should deal with this land and provides for the control of the environmentally sensitive areas. Therefore, we are of the considered opinion that titles issued in wetlands, including those in lakes after the Land Act Cap 227, are contrary to the law and illegal,” the Attorney General stated.

theGrapevine has established that the Commission of Inquiry into land matters, Justice Catherine Bamugemereire who was the chairperson of the commission recommended that people who obtained private land titles in Namanve and Luzira wetlands including those in the lake should not be compensated by the government.

By Sengooba Alirabaki

Patricia Kahigi Asiimwe a judge at the High Court Commercial Division directed Li Yao a Chinese company operating in Uganda to destroy all the plastic properties in its stores within 14 days from 2^nd September 2024 the date the judgment was issued for infringing on Victoria Nile Plastics Limited design.

The judge further issued a permanent injunction restraining the Chinese company from reproducing, offering for sale and selling, and stocking for the purposes of offering for sale plastic basins with a design that resembles that of Victoria Nile Plastics Limited

Court awarded the Ugandan Company Shs20m in General Damages which will accumulate interest of 18% annually from the date the judgment was delivered.

According to the testimony of Simon Musoke the proprietor of the Ugandan company, he told court that in 2018, he registered the industrial design of his company at Uganda Registration Service Bureau (URSB) and secured a certificate which was under registration number No: UG/D/2018/000028.

He even published it in the Uganda gazette.

He testified to the court that their approved industrial design included the shape of the basin, 3 circular rings underneath the base of the basin with multiple lines running from the centre ring to the edge of the basin.

It also has multiple horizontal lines running along the sides of the basin and rectangular shaped handlers which is the same design which the Chinese company put on its products that are currently on the market and were brought to court as evidence.

According to court records, the Chinese company did not defend itself which compelled the judge to determine the matter based on evidence from one side.

The judge confirmed that there was overwhelming evidence to prove that the Chinese infringed on the Ugandan company’s copyright which should be punishable in law.

The judge cited evidence collected from the public from people who confirmed that they receive the said products from the Chinese company.

By Grapevine Reporter

A section of lawyers have backed court decision that a legal officer at State House is not vested with powers under any law to contradict and or review a court order.

The lawyers say that the High Court rightly ruled that Sandra Ndyomugyenyi wrongly cleared a party, Dr Lule Ntwatwa, to take possession of law contrary to the earlier court orders.

Brian Rubihayo said that Ndyomugyenyi, a legal officer attached to State House purportedly set a side and or defied court orders that ruled in favour of  Daniel Walugembe regarding ownership of the disputed Kibanja at Mulago Roundabout near Wandegeya.

“Ms Ndyomugyenyi is faulted for making a decision against a court order. The powers of State House legal department is to advise on matters relating to State House but it has no powers to contradict court decisions or determine land ownership,” said Mr Rubihayo.

According to Rubihayo, the report by the State House lawyer ordered the Resident City Commissioner (RCC) and the DPC of Wandegeya to evict Walugembe, a lawful Kibanja owner with various court orders and indeed he was evicted from part of his Kibanja.

Addressing journalists in Kampala, Rubihayo dismissed media statements claiming that there are contradicting court decisions saying that in the first case; Albinos Asiimwe, a tenant on the Kibanja sued Ndyomugyenyi and his case was dismissed.

“There was no court order in favour of Asiimwe but for Pr Walugembe, there are several orders in his favour and court based on the same orders to fault Ms Ndyomugyenyi for interfering with matters already decided by court. She is not in court and cannot act as such,” he said.

Court records show that on June 13, 2023, Ndyomugyenyi authored a report in which she directed one Dr Lule Ntwatwa to be allowed to use his land without any disturbance from other parties that were claiming interest unless court pronounces itself otherwise.

Justice Boniface Wamala quashed the order reasoning that  Ndyomugyenyi disguised the directive as a recommendation which was unlawful.

“The directive allowing Ntwatwa Lule to use his land without any disturbance from other parties claiming interest unless court pronounces itself otherwise contradicts this express order of court and is outrightly illegal,” the judge ruled.

Court records show that Ndyomugyenyi convened a meeting, investigated a dispute over land and came to her own conclusion that was different from the findings reached in earlier decisions by court.

She later made a directive that was not based on any orders of court.

Justice Wamala held that  Ndyomugyenyi thought that her directive carried the force of law and that it could only be varied if a party went to court which exposed her for not basing on court pronouncements over the same property.

Records show that the high Court in two cases of 2000 and 2017 decreed that the Kibanja in dispute belongs to Walugembe.

In 2019, the court dismissed with costs a case in which Dr Ntwatwa and 99 others had sought to challenge Walugembe’s interest in the said Kibanja which was never appealed.

“The worst case scenario was in HC miscellaneous application number 1710 of 2021: Walugembe Daniel Vs Attorney General and 8 others, court issued an order of temporary injunction in favour of Walugmbe against the respondents restraining them from evicting or interfering with his utilization or development of the Kibanja,” the court observed.

Meanwhile Presidential advisor, Hajj Abdul Nadduli has asked the Attorney General to discipline State House lawyer Ndyomugyenyi for misdirecting herself on Katanga land dispute.

In an August 19 letter to the office of the Attorney General, Hajj Nadduli accused Ms Ndyomugyenyi of writing a report quashing a decision of court regarding ownership of the land thereby depriving interest to Daniel Walugembe, a bonafide occupant.

“Even after giving a ruling on her actions, the same lady (Ndyomugyenyi) disrespected court when she came out and said she will continue to do as she has been doing because she does not agree with the court ruling,” Hajji Nadduli wrote citing a media report.

He added: “Since your office is the legal advisor of all government agencies, I request you to intervene in this matter and have the said officer disciplined.”

By Grapevine Reporter