The Deputy Attorney General, Mwesigwa Rukutana has asked the Commission of Inquiry into Land Matters for more time to explain how government acquired the contested land on Mutungo Hill in Kampala. Government occupies 12 acres of land on Mutungo Hill that was procured from Dr Muhammad Kasasa at 2.4 billion Shillings .
While appearing before the Justice Catherine Bamugemereire Commission on Tuesday, Rukutana said he wasn’t well versed with the transaction between Dr. Muhammad Kasasa and government, adding that he was only engaged in the last stages of the transaction.
He told the Commission that the late Henry Oluka, the former Senior Principle State Attorney in the office of the Attorney General was in charge of the transaction and that he needed to study the files he left behind.
In his testimony, Dr Muhammad Kasasa said government occupied the land in 1996. In 2008, he entered a sell agreement with government that agreed to pay him Shillings 2.4 billion in six months. Failure to do so would attract interest.
According to the 2017 Auditor General’s report, the interest now stands at over Shillings 7 billion. The Commission asked Rukutana to prepare and explain how the interest was reached and how the interest clause was to be implemented.
The 2008 sale agreement between Kasasa and Uganda Land Commission, government would pay Shillings 2.4 billion in a period of six months and later payment would attract an interest. The agreement doesn’t indicate the date of commencement of payment to inform the end of six months.
The land in question is being contested in Court by Buganda’s Prince David Wasajja who says that the land belongs to the estate of his father, the late Sir Edward Mutesa II.
He says Kasasa acquired the land illegally. Kasasa also insists that he legally acquired the land in 1975 having bought it from Lake View Properties Ltd. The two have been battling in court since early 2000s. In 2003, Wasajja and his sister Dorothy Nassolo were able to place a caveat on the disputed land but Kasasa applied for its removal.
According to Wasajja on 25th August 2006, Court issued an interim order protecting the caveats, saying the land be kept intact until the court process is over. Wasajja says that he wrote to the Solicitor General warning government about the status of the land and about their dealings with Kasasa.
Despite the early warning, government went ahead to pay Kasasa Shillings 2.4 billion. A letter before the Commission shows that Rukutana, advised government to go ahead with the payments. Bamugemereire asked Rukutana to explain how his opinions overrode court orders. Rukutana said he would study the case before responding to the queries.
Rukutana asked the Commission to give him a month to study the case properly. He was given until February 20th, 2019.
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