The National Social Security Fund Managing Director, Patrick Ayota, has said the Fund will challenge the order to recall one of its Lubowa land titles for rectification of acreage.
He was referring to an order issued by the Ag Commissioner Land Registration, Baker Mugaino, on 22 April 2024, arising out of a hearing to establish double titling by seven plots of land created by the Wakiso District Lands Office.
This is contained in a Lubowa Land Registry Report signed by Mugaino on April 22, 2024.
The order hinges on a recent ruling by Makindye Chief Magistrates Court which acquitted the five persons who were accused of fraudulently acquiring the title of land comprised in FRV WAK 6104 Folio 24 Block 269 Plots 323-3240 on which the fund’s Lubowa estate sits.
The five persons include Muhammad Lubowa, Moses Bogere, Betty Namanya, Nakanywagi Daphne, and Patrick Oyango.
A section of the order seeks to recall one of the titles of the National Social Security Fund, comprised in FRV 402, Folio 13, Plot 1322, whose total acreage is approximately 13% of the 600 acres owned by NSSF.
In his report, Mugaino said that NSSF bought land comprised of FRV 402 Foli 13 Block 269 plots 274, 323, and 1322 from Uganda Company Holdings Ltd in 2003 where all shareholders of this company could not hold a valid title in freehold tenure to pass onto NSSF since the 1995 constitution of the Republic of Uganda and sections 40(4) (5)(6)(7) of the land Act forbids foreigners from holding Freehold or Mailo proprietary interest in land.
Secondly, the certificate of titles comprised in FRV 402 Folio 13 Block 269 plots 274 and 1322 measuring 285.07 Acres registered in the name of NSSF appear on the same certificate of title without following the laid down procedure on amalgamation of titles which explains its overshot on the cadastral and Kalamazoo.
More so, NSSF did not explain how plot 50 of only 0.797 acres came to create plot 1322 of 186.6 acres which is not practically possible.
According to the report, the certificate of title has three deed prints for the respective plots with mailo instructions to survey plot 1322-MA/Z/2/0253, plots 274 and 323 have no instructions to survey and this explains why they were not digitized and vectorized in the current land management system due to the irregularities sighted above.
NSSF speaks out
“The National Social Security Fund (NSSF) challenges this section and contends that the Ag Commissioner in issuing this order did not consider a detailed explanation submitted to him at a public hearing by the Wakiso District Land Board in which the Land Board distanced themselves from having issued the seven certificated of title overlaid on NSSF’s land,” said Ayota.
According to Ayota, the surveys and administrative errors identified by the Ag Commissioner, Land Registration, can and should be handled administratively by the Ag Commissioner within his powers to manage the land register as set out in the law.
“We also note that the Ag Commissioner proposed that the Fund should explore “an amicable settlement” with the complainants to acquire the land in dispute. We categorically distance ourselves from such a proposal because the Fund cannot enter negotiations to acquire land that it already owns.”
Ayota stated that Wakiso District Land Board has disowned, is in full possession of, and holds valid titles issued as far back as 2003.
Reassures members
Ayota assured NSSF members that the order for rectification by the Ag Commissioner Land Registration affects only one title out of the 109 titles held by the Fund and covers an area of 13% of the total land owned by the Fund.
He said the ongoing real estate developments are not affected by the order issued by the Ag Commissioner, contrary to the misleading reports circulating on social media.
“NSSF will continue to use all legal means available to preserve its legal ownership and possession of the land at Lubowa and bring to book all perpetrators involved in any activities to perpetrate fraud against the Fund’s ownership.”
“We reassure our members that the Fund is the registered proprietor of approximately 600 acres of freehold land in the Lubowa area parcelled out in 109 separate certificates of title. All original titles are registered in the names of the Fund. Any other claim on this land is fraudulent and amounts to trespass.”
He said the Fund is committed to using all legal means available to institute criminal proceedings against those involved in this land grabbing activities.