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Court rules in favor of accused in NSSF land dispute

Saturday April 20 2024

The National Social Security Fund (NSSF) recently faced a setback in a court case concerning a land dispute in Lubowa, Wakiso district. The NSSF had accused five individuals of fraudulently obtaining land titles for what it claimed was its land, spanning 7 acres. However, the court upheld evidence that refuted these allegations of forgery.

Makindye grade one magistrate, Elisha Arinaitwe, acquitted Muhammad Kityo Lubowa, Moses Bogere, Betty Namanya, Daphine Nakanwagi, and surveyor Patrick Onyango of charges related to forging land titles claiming ownership of the NSSF land in Lubowa.

"The current criminal case was actually supposed to bring out the fraud that they alleged was used to create the title. Having their case dismissed for lack of evidence means that the accused persons are recognized as the owners of the land," stated Jason Kiggundu, the lawyer representing the accused, in an interview with NTV.

The magistrate's ruling cited numerous inconsistencies in the prosecution's evidence and raised questions about the acquisition of documents presented to the court.

These documents implicated the investigating police officer for alleged overzealousness in pursuing the case, leading to significant errors in the process.

The dispute, which surfaced in 2020, resulted in the cancellation of land titles belonging to the accused following an investigation by the state house anti-corruption unit. Former Lands Minister Beti Kamya reportedly ordered the cancellation.

However, on December 21, 2020, Justice Musa Ssekana ruled against the plaintiffs, stating that the Commissioner for Land Registration lacked the authority to cancel the certificate of title based solely on a forgery report. Consequently, the cancellation decision was quashed.

As a result of the court's ruling, the five individuals plan to reclaim their land officially. Currently, the land remains under NSSF's guard pending further legal proceedings.

IN SUMMARY

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The National Social Security Fund (NSSF) recently faced a setback in a court case concerning a land dispute in Lubowa, Wakiso district. The NSSF had accused five individuals of fraudulently obtaining land titles for what it claimed was its land, spanning 7 acres. However, the court upheld evidence that refuted these allegations of forgery.

Makindye grade one magistrate, Elisha Arinaitwe, acquitted Muhammad Kityo Lubowa, Moses Bogere, Betty Namanya, Daphine Nakanwagi, and surveyor Patrick Onyango of charges related to forging land titles claiming ownership of the NSSF land in Lubowa.

"The current criminal case was actually supposed to bring out the fraud that they alleged was used to create the title. Having their case dismissed for lack of evidence means that the accused persons are recognized as the owners of the land," stated Jason Kiggundu, the lawyer representing the accused, in an interview with NTV.

The magistrate's ruling cited numerous inconsistencies in the prosecution's evidence and raised questions about the acquisition of documents presented to the court.

These documents implicated the investigating police officer for alleged overzealousness in pursuing the case, leading to significant errors in the process.

The dispute, which surfaced in 2020, resulted in the cancellation of land titles belonging to the accused following an investigation by the state house anti-corruption unit. Former Lands Minister Beti Kamya reportedly ordered the cancellation.

However, on December 21, 2020, Justice Musa Ssekana ruled against the plaintiffs, stating that the Commissioner for Land Registration lacked the authority to cancel the certificate of title based solely on a forgery report. Consequently, the cancellation decision was quashed.

As a result of the court's ruling, the five individuals plan to reclaim their land officially. Currently, the land remains under NSSF's guard pending further legal proceedings.

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