uDpu MAKUBUYA ELLIS. KASOLO KASOLO & KHIDDU eo ULB (tong (LUK),DIPLP (LDC) ADVOCATE tn (9, LLM Ce) ADVOCATES Hp.eagomiraoo soiree RICHARD “aucenvt KKIGEN/164/2024 MAYAMBALA MICHAEL ese AAEM OE. BP PBC) [ELioas) ALN) BIRD. ‘rs rare. 3 ae frcoso aig ant Entel 4414/2023 OURREF:... Dare: moe Mg Tumwebaze Priinah Assistant Private Secretary, eparttiQF OF Laub stn: Land Department wis, RECEIVED tate House, 16h mas P.0 Box 24497 HOS 1 ape Kampala. PLOT 38, tu MBA AVENUE KAMAL Dear Sigh yp) 4) “va RE: ALLEGED ILLEGAL ENCROACHMENT /CRIMINAL TRESPASS ON THE LAND AT BWEYA, BUSIRO BLOCK 397-399 PLOT 3789 PURPORTEDLY BELONGING TOMS NAKATO JAMADAH SEBANAK:TA _ We act for an on behalf of our client Mr. Ellis R. Kasolo who has referred to us your letter reference DLM 144/02/023 uated 21" February 2023 on the above subjeci with instructions to reply thereto as hereunder; 1. That while your said letter w: Scheduled for 3 March 202: C1 of the Area. The said ‘ally used as an eviction Co to forcefully and illegally and banana plantation ai he lawfully bought in 199% registered proprietor of t2 al 2. That ever since our client bought the said land in 1996, and took oes et possession of the same, he has been in peaceful and undisturbed posscnson the same and used the same as a farm and has since then lived nee L pace with all his neighbours for the last 27years without interference fom Hee including the alleged Ms Safina Kakungulu from whom the said Nat es nee Sebanakita alleges to have bought the same in 2021. Our client won} ~ eke could have illegally encroached or trespassed on Nakato Jamadah Set ae alleged land comprised in Block 397-399 Plot 3789 at Bweya Busiro Wate District which she purportedly bought in 2021 from Ms Safina Kakungulu, Where was Ms Safina Kakungulu all these 27 years when our client has been in physical occupation of his land? 3. That as far as our client is concemed all these fictitious and fraudulent attempt to take over our client's land began way back in 2018 and is not new to your office. In September 2018 a one Kaweesa Ahmed Bigali through his lawyers by the Name of Lule approached him in his office in Kampala and showed him a recently issued Certificate of Title issued by Wakiso Land Office comprised in Block 397 Plot 223 and which had purportedly transferred our client's land to Kaweesa Ahmed Bigali on 19" of June 2018 under instrument number WAK 00176626 by the Administrator General as the Administrator of the Estate of the late Hajji Badru Kakungulu vide Adm. Cause No. 35 with no year stated when it was filed in the High Court of Uganda who claimed to be a grandson of the late Haji Badru Kakungulu. On careful scrutiny of the said certificate of title by our client he noticed that the said Kaweesa Ahmed Bigali’s said Certificate of Title had been fraudulently created on the same land which our client bought from Ezekiel Sserunkuma comprised in Block 397 Plot 238 (Land at Bweya). This shocked our client who instructed us to take up the matter with the Commissioner of Land Office. By our letter Ref. KK/GEN/29/18 dated 25" /09/2018 to the Acting Commissioner of Land Registration we drew his attention to the said second certificate of ttle to our client's land and applied to have Kaweesa Ahmed Bigali’s said title recalled for cancellation as it had been fraudulently issued as a second title on our client's said land at Bweya. A copy of our said letter is attached hereto for your ease of reference as Annexture “A” ‘That Kaweesa Ahmed Bigali on realizing that our client had applied to the Acting Commissioner of Lands to recall for cancellation of his forged Certificate of title, he in conspiracy with some officials in Wakiso Land Office and with intent to defraud our client of his land at Bweya, purportedly subdivided on paper the said Plot 223 into several plots which included Plot 2619 etc and obtained several certificates of title which he then used to sell out none existent pieces of land towe 3 dah ‘ato Jamadal several unsuspecting individuals among whom was the ca as a employee Sebanakita who approached our client in his office pretending indivi no iim as one of the individuals w! from New Vision, but late revealed herself to him a8 OM Me Neg Bigal had been sold one of the said subdivided plots without her having carried out physical inspection of the plot she Loin ought. She informed our client that she never bothered to Comte © | diligence of the plot she was buying and was simply shown ele eitome distance by the said Kaweesa Ahmed Bigali. She then requested off Natt show her his original certifcate of title which he did. Upon being fiseenions dlient's original certificate of ttle in respect to the same land on whic ea Bigali had purportedly created @ fake tile which he subdivided on Pape! in® several certificates of tile, the sald Nakato Jamadah Sebanakita confesse sur lent that che had been duped by Kaweesa and let our cients office to ook for Kaweesa Bigali to refund her money. That itis now surprising that the same Nakato Jamadah Sebanakita has turned around to claim ownership of our client's land and this time around alleging to have bought the same from Mugale Safina Kakungulul! That in 2019 Kaweesa Ahmed Bigali took the same land matter to C.|.D (Land Department) at Kibuli alleging that our client had forcefully evicted him from his land at Bweya and wanted him to be arrested and be charged with criminal trespass on his alleged land at Bweya. Our client was then summoned at the CLD Headquarters (Land Protection Police Unit) Kibull vide their letter HNR/CID 40/Vol./26/0199 dated 19" June 2019 to respond to the alleged trespass on the land he lawfully bought from Ezekiel Sserunkuma in 1996. Officer Agaba Naboth and another Police Officer at Kibuli CID thoroughly investigated the matter and also physically visited our client's land at Bweya and were satisfied that the land indeed belonged to our client. Uganda Police at Kajjansi was also involved in the same matter and summoned our client and after scrutinizing our client's certificate of title issued to him in 1996 and that of Kaweesa Ahmed Bigali's purported certificate of title transferred to him in 2018 they cleared our client and he assumed the matter had ended there. That in 2021, our client was again surprised to receive another letter Ref. DLM 144/07/021 dated 16" August 2021 from Mr. Ochieng Edward Sunday Assistant Private Secretary Land Department State House inviting him for a meeting fixed to take place on the 1% September 2021 to respond to fresh allegations by the same Kaweesa Ahmed Bigali against him that he had forcefully evicted him from his land at Bweya comprised in Block 397-399 Plot 2619 formerly part of Plot 223 after the said land had been allegedly assigned to our client by H.E the President4 legation was of the Republic of Uganda to secure and develop the same which i oa a total fabrication and false intended this time around to use the o lent’ A copy of President of Republic of Uganda to illegally take over OUr client’ iene the said letter is attached thereto as annexture "B" for your eas? jouse Land Department, we on d Sunday by our letter Ref h is attached herewith as are self explanatory. 7. That in response to the said letter from State Hi behalf of our client responded to Mr. Ochieng Edwar' KK/GEN/48/2021 dated 19/08/2021 a copy of whicl ‘Annexture "C” for ease of reference whose particulars 8. That on the 1* day of September 2021 our client, Counsel Richard -K. Mugeny! and Mrs Juliet Nshemerwe K. attended the said meeting together with said Kaweesa Ahmed Bigali and his witnesses from Wakiso and at the end of the meeting it became obvious that the land in issue belonged to our client and the statement of search from the Commissioner Land Regist dated 27" August 2021 confirmed that land at Bweya Busiro BI ‘on which Kaweesa Ahmed Bigali had been issued a new Certificate comprised in Block 307-399 Plot 2619 formerly part of Plot 223 which he subdivided into several plots belonged to our client. A copy of the said search statement is attached herewith for ease of reference. tration John Karuhanga lock 397 Plot 238 of Title as 9. That in October 2021, after the said meeting on 1* September 2021, we were surprised to receive another letter from Mr. Ochieng Edward Sunday which he wrote to Ag. Commissioner Survey & Mapping Entebbe requesting for opening of land boundaries of land comprised in Busiro Block 397-399 Plot 238 belonging to our client and Busiro Block 397 Plot 2619 formerly part of Plot 223 to which Kaweesa Ahmed Bigali had fraudulently secured a new certificate of title from Wakiso Land office on our client’s very land. A copy of the said letter is attached hereto for your ease of reference. 10. That on the receipt of a copy of the said letter, we by our letter Ref. KK/GEN/48/21dated 28” October 2021 to Mr. Ochieng Edward Sunday the Assistant Private Secretary Land Department objected to the said request as we found it strange and suspicious to request for the opening up boundaries over the ‘same piece of land with two different certificates of title - one issued in 1988 and the most recent to Kaweesa Ahmed Bigali in 2018. The law under the Land Act Cap. 227 Section 91(2) (e) is to the effect that where there are two certificates of & title issued over the same piece of land found to have been obtained illegally or wrongfully obtained can call for the same for cancellation but not to carry out fresh survey of the same land. The only way justice is going to be served to ourclient i 5 its on 's to refer the parties to the Courts. of law so that this matter can oo a ae esonclusion instead of inviting parties to endless meetings to the Pret client. This is what we advised your office to do in our said letter- \ id nen Of the foregoing it is our client's contention that the allegations by ies ‘0 Jamadah Sebanakita against our client are totally false and fraudulent abe meee! between her and the said Kaweesa Ahmed Bigali to deprive our client oF ni Since this matter has already been handled by your office and has subjected 10 of client to continuous mental torture, itis time that the matter of our client's land be Teferred to Courts of law for proper and final adjudication. It is totally unconstitutional for Kaweesa Bigali and his conspirators to continue using your office to harass our client in their attempt to illegally deprive him of his land to which he has a right to peaceful enjoyment. It is unfortunate that your office is being used by unscrupulous people to perpetuate criminal conduct intended to deprive innocent citizen of their land Yours faith ay ‘Advocates cc The Deputy Resident District Commissioner Makindye c.c The District Police Commander , Kajjansi cc LCI Chairman of the Area \“ cc Client