The land that is under contention
Three administrators of Nansana C/U primary school in Nansana Municipality, Wakiso district were remanded to Kitalya Government Prison in connection with attempts to grab land that belongs to orphans.
The three officials who have since been released on court bail include Robert Kayita kikambi, the school’s head teacher, who is also the Secretary School Management Committee and Daniel Nsubuga Musoke and Samuel Mulindwa.
The trio was jailed following a complaint by the orphans of the land that belonged to George Wilson Kibuuka, who dragged the school bosses to Nansana Police station for building a perimeter fence in their land.
In their case filed vide reference SD 34/15/05/2019 and CRB 444/2019, the orphans led by Charles Katende stated that the accused, disregarding protestations from the complainants, erected the fence blocking their access to their home.
This was after the school bosses claimed that the said land had been leased to them by the Buganda land board (BLB).
However, investigation led by police and court revealed that the claims were false as a September 14, 2020 clarification from Buganda Land Board indicated that the said land belonged to the family of GW Kibuuka.
Court then ordered a survey of the land and consequently, the wakiso district staff surveyors report showed that the land did not only belong to Kibuuka but the school also built other structures beyond their boundaries thus encroaching on their neighbor (Kibuuka’s) land.
Following the above rulings, the school through their headmaster Kayita petitioned the Inspector General of Police (IGP) seeking fresh investigations. In the same petition, they complained about the professional misconduct of Pascal Wabwire, an investigations officer attached to Nansana Police Station.
In the complaint, Kayita alleged that the said land belongs to the school which he claimed has existed since 1911 at Nansana West IIB. He adds that evidence on the school’s records shows that in 1996, the school land was allegedly surveyed and found to be owned by Buganda Land Board; to which the school began paying ‘busulu’ without any interference.
Kayita adds that he was posted to the school in 2018 and was subsequently shown the boundaries by the Management Committee. And that following the discovery off disputes over the school land, the school’s management sat with the school’s neighbours and resolved to fence off the school land. He however says they were shocked when a one Samuel Katende, who claimed to belong to family of Kibuuka GW came and broke the fence.
Kayita filed a criminal trespass and malicious damage to property case against the said vandal at Nansana police station vide reference “SD 87/06/2019”.
He however says the case was never followed thus his petition against Wabwire whom he accuses of having gathered facts from the scene as well as BLB but then doing nothing about the case.
Kayita’s claims are however poked by a June 25, 1998, letter which then BLB secretary MK Sozi wrote to GW Kibuuka and G. Sebwato of Nansana replying to their May 12, 1998 letter.
In the letter, BLB clarified that while the school attempted to seek a lease for the suit land, it was never granted to them. This was on ground that the land was registered as belonging to GW Kibuuka.
BLB also clarified that it was thus impossible for the school to pay ‘busuulu’ on land for which they have no lease.
The school was thus advised to amicably settle disputes with its neighbours, failure of which it was advised to seek court redress.
BLB further clarified that the receipt the school purported to be for ‘busuulu’ was a probable forgery. The school had also claimed that it got the land as a gift from Kabaka Daudi Cwa but this was refuted by BLB.
The said letter was the second letter of the same kind, with the first having been addressed to the then school’s lawyer, Irene Mulyagonja on October 22, 1996.
By Richard Kintu