Hajji Baker Mugaino, Uganda’s Commissioner for Land Registration, admitted in an exclusive interview with The Investigator that some officials exploit existing gaps in land laws to lift caveats, especially those lacking court certification. “These occurrences are deemed illegal by ordinary people, but in actual sense, caveats can be ‘illegally’ lifted yet with a legal backup,” he stated.

Caveats Not the Safety Net Many Assume

Mugaino explained that many landowners place caveats and assume they offer blanket protection over their properties. However, he warned that unless a caveat is backed by judicial certification, it remains vulnerable. “People boast about placing caveats, not realizing they are legally ‘naked’ until reinforced by a court order,” he noted.

To address these ambiguities, Mugaino proposed a new policy under which caveats lacking court-backed documentation will automatically expire after three months. “We are considering introducing a system where unverified caveats are dislodged from the system after three months if they lack court certification,” he revealed.

The Case of Namale vs. Musoke

This loophole recently came to light in a dispute between Namale Sylvia and her former partner, Xavier Frasse Musoke, over land in Kajjansi. Namale, claiming to be Musoke’s official but estranged wife, slapped caveats on three plots in Bweya, Busiro, under Block 396, citing marital interest. She swore an affidavit on August 26, 2022, affirming her spousal rights and subsequently received approval from Senior Registrar of Titles, Florence Namyalo.

Musoke, however, was taken aback when he discovered the caveats while attempting to finalize the transfer of the land he had purchased in 2008 from Jomo Kashaija and Buyambi Herman. He insists that he never had a legally recognized marriage with Namale, despite fathering three children with her. Official documents confirm that he is married to Rose Nakityo, whom he wed on December 4, 2020, at Uganda Martyrs Catholic Parish, Munyonyo.

Family Feud Deepens the Land Dispute

Musoke alleges that Namale’s actions are being influenced by his mother, Noeline Kulazikulabe Namugenyi, who has never accepted Nakityo as her daughter-in-law. A police case registered vide file number SD55/22/07/22, was lodged at Kajjansi Police Station regarding a related break-in, allegedly involving Namale and Namugenyi.

Determined to reclaim his land, Musoke petitioned the Commissioner for Land Registration to remove the caveats. Mugaino confirmed that his office is reviewing the case but emphasized the need for due process. “I must listen to both parties before issuing a verdict,” he stated.

Legal Reforms in Offing

As disputes over land ownership and caveats escalate, Mugaino promised to engage the public through periodic interviews and official write-ups to clarify common misconceptions about land security. “Land issues aren’t so complicated, but there is a lot of misinformation. We need to set the record straight,” he said. With a proposed policy change on the horizon and growing public frustration, it remains to be seen whether Uganda’s land registration system will undergo the much-needed reforms to close legal loopholes and protect property owners from unexpected caveat slaps and removals.