How city pastor acquired kibanja ownership on Katanga land

In 2015, the High court ruled that four family members and their licensees are bonafide occupants on Katanga valley land near Wandegeya.

These were Jonathan Masembe, Bulasio Buyise, George Kagimu and Samalie Namboga. They had sued Makerere University, the Attorney General and Registrar of titles. The court pronouncement also declared Makerere University the registered proprietor of the same land.

The declaration of bonafide occupation legitimized the stay of family members and subsequent transfer of their interest to Pr Daniel Walugembe. Judge Alphonse Owiny-Dollo, then of the High court Land division, cited the 1998 Land Act which provides that an occupant of land seeking to benefit from the provision of bonafide occupancy has to prove possession of 12 years without any challenge to such occupation.

“While the plaintiffs are protected by law as bonafide occupants, therefore, and are entitled to continue enjoying their occupation. I have found that the plaintiffs have been in uninterrupted occupation of the suit land and are therefore protected by law from being evicted there from,” the court held.

The court decision cemented the sale agreements which the family had signed with Pastor Daniel Walugembe for the sale and transfer of their interest on 15 acres of the Kibanja.

Court documents show that in October, 2017, five family members jointly with Walugembe entered a consent before Justice Alexandria Nkonge Rugadya confirming that they had sold their interest.

The consent judgement shows that the family had surrendered to pastor a vacant kibanja and also evicted those who had illegally settled onto the kibanja. In September, 2021, the High court before justice Nkonge dismissed with costs the case in which 100 people had sued Walugembe jointly with the family members.

The group had sought to challenge the consent judgement reasoning that they did not have any legal grievance in the land and the cases handled by court.

“The applicants (100 claimants) in this matter who also claim to be bonafide occupants in that same area, a contention which the respondents (family) however deny, never took the trouble to challenge that decision which was kissed by this court as early as 2015,” Justice Nkonge held.

According to court, with the ownership of the land having been duly determined as early as the 1990s and confirmed by the court in 2015, the claimants could not be seen to bring the same matter years.

The revelation follows social media reports in which a section of residents has since accused Walugembe of claiming land ownership. But in a press briefing, Walugembe dispelled the reports by the residents at Katanga valley land near Wandegeya saying that he owns Kibanja interests and not the landlord.

He said that his interests were confirmed by the courts of law following different court decisions of 2015, 2019 and 2021 while his accusers lost their claims.

“I acquired my interests from the family of the late Ashe Mukasa Sendaula who sold me 15 acres of their Kibanja while the 13.7 acres were sold to me by the other licensees. It is unfortunate that today a section of people are going around blackmailing me for grabbing their bibanja yet their claims were dismissed for lack of evidence,” he said.

Armed with documents, Walugembe said that his interests were confirmed by court decisions which were never appealed nor challenged. He revealed that he purchased the 15 acres from five family members Bulasio Buyise, Jonathan Masembe, Ronald Sendaula, Isiah Sendaula and Latimer Mpagi.

Documents show that the family members are beneficiaries of the estate of the late Ashe Mukasa Sendaula who were declared bonafide occupants of the Katanga land by the High Court and their licensees among them Walugembe.

According to Walugembe, none of the accusers have ever come up with documents to prove their Kibabja interest in Katanga but rather misleading the public and authority. A September 29, 2021 by Justice Nkonge held that the family of the late Ashe Sendaula Mukasa Mukanga denied any knowledge of the 100 people among then, Hassan Ssegawa, Boney Kasujja, Proscovia Najjemba, Sarah Nsangi and Beatrice Nabuule saying that they were in illegal occupation on the land at Katanga.

The group had applied to court for a review of a consent judgement executed between Walugembe and five of the family members: Buyise, Masembe, Ronald Sendaula, Isiah Sendaula and Latimah Mpagi.

The court held that at no point in time did the 100 people take steps to challenge the family members in their earlier bid to acquire legal ownership or obtain a review of the