President Yoweri Museveni on Monday swore in Lady Justice Aisha Naluzze Batala, alongside ten judges who were acting on temporary basis. As Lady Justice Naluzze revels in her fresh milestone, she leaves in her wake, a widow grumbling.
Aged 67, Rose Nabusoba Namukasa’s grumbling stems from Lady Justice Naluzze’s verdict for NCBA Bank – Uganda, based on and auctioned her purported kibanja. The verdict gave away Namukasa’s purported kibanja to a one Margaret Namayanja, who reportedly posed as a proprietor of the property, allegedly condemning the widow to a landless life. Presumably, Namayanja’s fraudulent schemes were easy to detect had Lady Justice Naluzze assumedly taken the trouble to do so.
First of all, Namayanja filed a case before Justice Naluzze, claiming land comprised in Busiro FRV 1006 Folio 13 Plot 8-12/8A-12A located in Busambagga village, Katabi Sub County in Wakiso district. But on top of the land Namayanja claimed, Justice Naluzze bestowed on her a kibanja (untitled land) comprised in Plot 36B situated on Busambagga Road, Katabi Namate LC1, Entebbe Municipality in Wakiso district.
Furthermore, Namukasa’s untitled land measured approximately 0.43 acres as opposed to the one Namayanja claimed before Lady Justice Naluzze that measured approximately 2.13 acres. As can be gleaned from the above, believably, there was a noticeable difference between the two properties in issue but which Lady Justice Naluzze was, unfortunately, unable to detect, presumably mixing up the two, supposedly giving away the widow’s kibanja, hence condemning her to a landless situation.
As if on cue, Namukasa had earlier on, reportedly embarked on the process of obtaining a land title to her supposed kibanja, potentially severing it from the titled land Namayanja claimed before Lady Justice Naluzze. But in a surprising twist of events, her relevant documents, unfortunately, allegedly disappeared in between. She would wake to the unfortunate developments when NCBA advertised her supposed kibanja for auction based on a loan purportedly granted to George Kibwika Kairu, a proprietor of Geo Oils limited, without her knowledge, consent and approval.
After learning of the auction, a frightened Namukasa hired the law firm of Mukuve and Company Advocates and duly lodged a court case, opposing the exercise. Before anything else, the widow’s lawyers prudently asked for an injunction to protect her supposed kibanja from imminent auction. Thankfully, Justice Andrew Bashaija granted the injunction, forbidding any person, entity and whatsoever from dealing into the widow’s property until the hearing and determination of her case.
Having duly taken the above-mentioned protective measures over Namukasa’s kibanja, Justice Bashaija, who was still the head of the Land Division of the High Court, allocated the case to Lady Justice Susan Kanyange for further handling. Surprisingly, as Namukasa and her lawyers were still waiting for hearing of her case before Lady Justice Kanyange, Namayanja went and filed another before Lady Justice Naluzze. Curiously, Namayanja’s case on top of claiming a titled land, was also claiming Namukasa’s supposed kibanja and yet, the kibanja was still a subject of litigation in an earlier case still pending hearing before Lady Justice Kanyange.
Shortly after the case’s filing, Namayanja, NCBA and Kibwika compromised the same and yet NCBA and Kibwika had been part and parcel of a case Namukasa had earlier on filed before Lady Justice Kanyange. Their silence about the pending case before Lady Justice Kanyange was believably shocking and telling. Well, Lady Justice Naluzze signed a written consent reached by Namayanja, NCBA and Kibwika, bestowing a stamp and seal of authority upon the same. Henceforth, whatever can go wrong indeed went wrong. Armed with the consent duly sanctioned by court, NCBA quickly erased all the encumbrances on the titled land and the kibanja! This stance, before Justice Kanyange could determine the old case filed by Namukasa.
Valley Mukiza, a land broker based in Entebbe, was the one who purchased the subject properties during an auction NCBA conducted without advertising the exercise. Unsurprisingly, from the proceeds realized from the auction, Namukasa was handed a cool one hundred million shillings, the Kenyan bank acquired four hundred million shillings and the lawyers involved in the deal smiled away with a fifty million shillings package. Aggrieved, Namukasa duly lodged a complaint at Judicial Service Commission (JSC), praying for an administrative reprimand of Lady Justice Naluzze who had allegedly presided over her kibanja’s conversion, negating her old case pending before Justice Susan Kanyange.
But President Yoweri Museveni’s recent confirmation of Lady Justice Naluzze as a substantive judge, appears to had negated Namukasa’s complaint before JSC. All the same, the widow is seriously aggrieved and grumbling. Next we return to these pages, we shall be dropping the names of the law firms involved in this saga and more details related to this sad episode. Until then, kindly continue reading and sharing our content and thank you so much for your treasured company.
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- Mr. Stephen Kasozi Muwambi is a seasoned crime investigative writer, majoring in judicial-based stories. His two decades’ experience as a senior investigative journalist has made him one of the best to reckon on in Uganda. He can also be reached via [email protected]
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