Lawyer MacDusman Kabega (left) talking to his client Beatrice Nyindombi Karanja in Court.
The Family of the late Juma Hussein has asked the High Court in Fort Portal to cancel a 73-acre land title claimed by Beatrice Nyindombi Karanja, the widow of former Kenyan Vice President Dr Joseph Njuguna Karanja.
The dispute dates back to 1990 when Juma fell ill and allegedly borrowed 12,000 Kenyan Shillings from Nyindombi for treatment. Records indicate that Juma’s health did not improve, and in 1997, he requested an additional loan of 1,150,000 Uganda Shillings from the same person.
Nyindombi, who was in Kenya at the time, sent the money through her brother, who delivered it to Juma, a resident of Fort Portal. But as part of the loan agreement, Nyindombi requested the lease title of Juma’s land as security, which he handed over.
Later, Juma accused Nyindombi of encroachment on the land comprising Block 45, Plot 7 in Harugongo sub-county. After Juma’s passing, his family members; Hakim Hussein, Rehema Namara Hussein, Fahmi Hussein Kahuma, Mariam Hussein, Jamila Hussein Karungi, and Aisha Hussein were substituted as petitioners.
The Husseins, through their lawyer Richard Bwiruka, argued that their late father had given Nyindombi a certificate of title as security, and in 2010, she requested permission to use his land, which he granted. However, in 2014, Juma claimed that Nyindombi asked him to sign blank transfer forms under the pretext of addressing encroachment issues, but the title was transferred without his knowledge, consent, or approval.
Today, Nyindombi through her lawyers led by MacDusman Kabega presented their eighth and ninth witnesses namely her cousin Godfrey Kazinduka Kagoro, and Lawyer Cosma Kateeba who said he commissioned a supplementary affidavit in which Juma allegedly confirmed to have sold the land to Beatrice.
Kazinduka told Justice Justice Vincent Wagona that he handed over the 50,000 Kenyan Shillings to Juma around 1987/1988 from his office at Metropole Building along the Entebbe Road in Kampala. However, Kazinduka informed the Judge that whereas Juma made an acknowledgement in writing for the said money, it has now been more than 30 years and he is unable to trace the said acknowledgement.
Hussein’s Lawyer Richard Bwiruka told the Court that in the absence of such evidence, Nyindombi cannot claim ownership of the contentious land. Bwiruka says the land title should be cancelled and adds that the said affidavit is also a forgery and not genuinely authored by their client.
Hakim Hussein, a son of the deceased says that the case has dragged on for about six years without accessing their father’s land which has affected their livelihood.
The case has been adjourned to April 25, 2024, for further hearing.
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