NSSF building/online photo
The National Social Security Fund (NSSF) has responded to a recently court ruling in which it lost the case in the Lubowa land dispute.
The NSSF was in Court after accusing Lubowa Mohammed Kityo, Bogere Moses, Namanya Betty, Nakanwagi Daphine and Onyango Patrick, of fraud in procuring of a certificate of title Contrary Section 190(1) of the registration of the Titles Act 230 laws of Uganda.
The accused were charged before the Courts of law in that regard.
However, Court dismissed the case and acquitted the accused persons.
Court found that the evidence given by the former commissioner Survey and mapping that the land FRV 420 FOLIO 13 block 269 Plots 323,274,1322 was never vectorized in the system for reason that the deed plans were never issued by his office and that the land title has three deed plans without instructions to survey the land as required by law.
In the ruling delivered on April 17, 2024, Makindye Grade One Magistrate, Elisha Arinaitwe, said that upon properly examining evidence on record, his finding was that “this evidence has left doubt in my mind.”
“I resolve this doubt in favor of the accused,” said Arinaitwe.
NSSF To Appeal
However, NSSF says the Office of the Director of Public Prosecutions, who are prosecuting the case have indicated that they don’t agree with the ruling and have filed a notice of appeal.
“The Fund is the complainant against individuals who through Wakiso District Land Board have fraudulently created title that has been overlaid over the Fund’s land in Lubowa and we are therefore interested in the outcome of the appeal,” NSSF says in a statement dated April 21, 2024.
It adds: “It is important to note that the fraud was perpetrated on only 7 acres of land on one plot of land. The Fund’s land is comprised in 109 certificates of title. It is also important to note that charges before court were not about ownership of land, but fraud perpetrated at the Wakiso Lands office that led to an overlay of titles onto the Fund’s registered land in Lubowa, off Entebbe Road. The Fund has legal titles and is in possession of all the land totaling 600 acres.”
