The Kampala High Court Civil Division has fixed 21st June 2023 as the date it will hear a case where Mrs. Edith Jakana Nagujja 93, is accusing Jakana foods limited, a company owned by her son Daniel Lule Jakana, for fraudulently selling her land to Kampala Capital City Authority (KCCA) without her consent.
A notice signed by the Deputy Registrar of the High Court Division reads; “Take Notice that the hearing of this case has been fixed for the 21st June 2023 9:30 AM o’clock or soon thereafter as the case can be heard in this court. If no appearance is made on your behalf, by yourself, your pleader or someone authorized by law to act for you, the case will be heard in your absence.”
Mrs. Nagujja, also accuses the Commissioner for Land Registration, of having assisted Jakana and KCCA to set aside an existing caveat which she had placed on her land LRV 4552Folio 13 Block 203 Plot 11780 Land at Kazo Kyadondo without her knowledge. Through her lawyers, the widow applied to court seeking for discovery of several documents.
“The 1st Respondent provides for discovery to the Applicant certified copies of Bank statements and/or payment details relating to the payment of UGX827,453,640/= (Uganda Shillings Eight Hundred Twenty-Seven Million, Four Hundred Fifty-Three Thousand, Six Hundred Forty) by the 1st Respondent to the 2nd Respondent,being compensation in relation to 0.066 acres of land mutated off LRV 4552 Folio 13 Block 203 Plot 11780 Land at Kazo Kyadondo for construction of Nakamiro Drainage Channel.”
Nagujja, in the same case seeks Jakana to provide for discovery of her certified copies of Bank statements for Account Number 0070017652 at Tropical Bank, Kawempe branch, in the names of Jakana Foods Limited for the period from June 2021 to November 2021.
She further prays that the commissioner in charge of land Registration provides for discovery to the Applicant a copy of the white page for LRV 4552 Folio 13 Block 203 Plot 11780 Land at Kazo Kyadondo showing all entries and encumbrances registered thereon, as well as costs of the Application. The Applicant instituted Civil Suit No.280 of 2022 contending that in the subsistence of her caveat, the Respondents illegally and fraudulently dealt in the land comprised in LRV 4552 Folio 13 Block 203 Plot 11780 Land at Kazo Kyadondo.
However, in their respective written statements of defense, KCCA and Jakana Foods admitted that a sum of UGX27,453,640/= (Uganda Shillings Eight Hundred Twenty-Seven Million, Four Hundred Fifty-Three Thousand, six Hundred Forty) was paid by KCCA to Jakana, the 2nd Respondent for the 0.066 acres off the land described herein, without stating dates when the payment was done and/or made.
The Defendants’ side
In defense, KCCA, through its Director Legal services, denied the above allegations on grounds that during preparation for construction of Nakamiro Drainage Channel, they first carried out an identification, verification and disclosure exercise and Jakana Foods limited was identified as one of the persons whose developments would be affected by the drainage Works.
They verified that the property described as LRV 4552Folio 13 Block 203 Plot 11780 Land at Kazo Kyadondo belonged to Jakana (2nd defendant) and later paid a compensation of UGX. 827,453,640/= “Defendant was the registered proprietor, there were no registered encumbrances on the Register of titles and it did not commit any fraud as alleged.”
Nagujja holds an equitable interest claim that the current proprietor, Jakana Foods LTD owned by Daniel Jakana, having been registered thereon without her consent as a kibanja holder, was subject to Civil Suit No. 1099 of 2019 which seeks for cancellation of the impugned Certificate of Title which was duly registered.
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