May 24, 2024

Court sets to hear Jakana, KCCA land case

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The court has set June 21 this year for the hearing of a case in which Edith Nagujja Jakana is accusing her son Daniel Herbert Lule Jakana of Jakana Foods Ltd. (JFL) of fraudulently selling her land to Kampala City Council Authority (KCCA).

The land, measuring 0.066 acres and comprised in LRV 4552 FOLIO 13 BLOCK 203 PLOT 11780 Land at Kazo, Kyaddondo, was reportedly sold to KCCA for Shs827 million.Nagujja (the petitioner) avers that Daniel sold the land to KCCA without her consent. Jakana has been sued alongside KCCA and Commissioner Land Registration.

“Take notice that the hearing of this case has been fixed for June 21, 2023, at 9:30 a.m. in the morning or afternoon or as soon thereafter as the case can be heard in this court. If no appearance is made on your behalf, by yourself, our pleader, or someone authorized by law to act for you, the case will be heard in your absence. Given under my hand and the seal of the Court this day of May 2023,” reads the hearing date notice by the Kampala High Court Deputy Registrar.

GENESIS Edith dragged her son to court through her lawyers, M/S W. MU UMUZA & CO. ADVOCATES, in civil suit No. 1090/19 of the High Court of Uganda at Kampala, Land Division, seeking legal redress over 0.066 acres comprised in LRV 4552 FOLIO 13 BLOCK 203 PLOT 11780 Land at Kazo, Kyaddondo, that was allegedly sold to Kampala Capital City Authority (KCCA) by her son Daniel and his Jakana Foods Ltd. Nagujja, who holds an equitable interest, claims 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 cancellation of the impugned Certificate of Title, which was duly registered. In the face of the said plaintiff’s caveat, KCCA transacted with Jakana Foods LTD, leading to the mutation of 0.066 acres off the described land for purposes of construction of a drainage channel, yet the caveat was at the time still intact. Between June 2021 and November 2021, KCCA paid Jakana Foods Ltd. a total sum of UGX 827.4 million as compensation for acquiring 0.066 acres of the described land for purposes of construction of a drainage channel.

Nagujja avers that the transaction was illegal owing to the caveat, thus culminating in her seeking legal redress to recover the total sum of Shs 827.4 million.

She also wants general and punitive damages from KCCA, Jakana Foods Ltd., and the Commissioner in Charge of Land Registration, who failed in their mandate of taking charge and control of the office of titles and general conveyance, among other duties.

 

written by @enock katamba

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