15th November 2023

THE MINISTRY OF LANDS, HOUSING

AND URBAN DEVELOPMENT,

PLOT 13/15 CENTURY BUILDING,

PARLIAMENT AVENUE,

P.O. BOX 7096, KAMPALA, UGANDA.

The Directorate of Land Management,

Department of Land Registration,

The Commissioner Land Registration.

Dear Registrar of Titles,

RE; REQUEST TO CARRY OUT AN INVESTIGATION AND

CANCELLATION OF A CERTIFICATE OF TITLE UNDER THE
PROPRIETORSHIP OF YESERO MUGENGYI SITUATED AT
BUSIISI VILLAGE, SOUTHERN WARD PARISH, KAHOORA,
HOIMA WEST CITY.

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Background of this Land Matter.

Mr. Mugenyi Yesero is the registered proprietor and a holder of a

certificate of title in respect of plot 361 situated at Busiisi Village,
southern ward parish, Kahoora, Hoima West City. The said plot of
land was formerly owned by his late father, Kampaya Eriya. The said
Kampaya Family is neighbors with the following families; the family
of the late Kasaija Yesse, the family of Kirungi Ivan, and the family of
the late Kiiza Balam.

Mr. Mugenyi Yesero is an advocate of the high court of Uganda, and

he has served in various capacities What is remarkable of all positions
is that he once served as the Chairperson Hoima District Land Board a
couple of years ago. It is greatly believed that it was while he served
as Chairperson of Hoima District Land Board that he occasioned the
miscarriages to his neighbors as will be discussed below.

A few years ago the family of the late Kasaija Yesse decided to start
the process of acquiring a certificate of title in a bid to have their land
secured but to their shock, they realized from the information given to
them by their Surveyor that part of their land amounting to
approximatively 5 acres had been included in the certificate of title
that Mugenyi Yesero had processed for his plot of land adjacent to
theirs and that this piece of land could therefore not be included in the
certificate of title that they were processing.
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Furthermore, apart from the family land of the late Kasaija Yesse, the
new certificate of title under the proprietorship of Yesero Mugenyi
had also affected/encroached/trespassed all the neighboring family
lands among which included the land belonging to the family of
Kirungi Ivan and the family land of the late Kiiza Balam.

That worst still, all these families were never invited to any surveying
activities of Mr. Mugenyi Yesero while he was processing his
certificate of land title as his most immediate neighbors as good
prudence practice would require.

Furthermore, and very interesting to note is the fact that all these plots
of Land are separated by traditional boundaries even up to the
present day and there has been no physical trespass by the said Yesero
Mugenyi on the said 5 acres of land and other subsequent plots of
land owned by the remaining families and each family is in actual
possession of their traditional plot of land. The only alarming issue
that they seek your indulgence is the fact that part of their land is
captured in the certificate of title under the proprietorship of Mugenyi
Yesero.

MEDIATIONS CONDUCTED.

Several Mediations have been conducted to ensure that this matter is

solved harmoniously but they have all been in vain. Notable of these

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was a mediation conducted by Justice Centers Uganda and a report
dated 28th July 2021 is hereby annexed to this petition. In all these
mediations these families were seeking subdivision or a mutation of
their pieces of land from the certificate of title, but the said Mugenyi
Yesero did not take heed of the said requests.

TENSION ESCALATES

In this year 2022, the family of the late Kasaija Yesse decided to sell a
piece of land measuring approximately 50 by 100 to one Asiimwe
Peter but unfortunately when the said transaction was fully executed.
The said Peter Asiimwe discovered that the land that had been sold to
him by the family of the late Kasaija Yesse was part of the land that is
engulfed in the certificate of title of Mugenyi Yesero.

The family of the late Kasaija Yesse was forced to make a refund for
selling their Land just because it was engulfed in the certificate of title
of Yesero Mugenyi.

PRAYERS

Section 91(2) of the Land Act as amended provides grounds under

which the Commissioner land registration can cancel a certificate of

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title and among these include, certificates issued in error,
endorsements made in error, endorsements obtained or retained
wrongfully, and certificates bearing misdescription of land or
boundaries.

Mr. Mugenyi Yesero misdescribed his land intentionally to include

portions of land that do not form part of his late father’s estate one
Eriya Kampaya. This resultantly made the registrar of titles issue a
certificate of land title in error hence occasioning a miscarriage of
Justice to all the neighbors.

Having therefore established that your office has the power and
authority to cancel a certificate of title and more specifically a
certificate of title bearing a misdescription of Land or boundaries, we
therefore pray that an investigation is carried out with the key
objective of finding out the boundaries of the certificate of tittle that
Constitute the Land that Mr. Yesero Mugenyi Owns in Businsi
Village, southern Ward, Kahoora Division Hoima west City.

We also beseech you to implore the principles of natural justice which

include fairness, transparency, integrity, and fairness to see to it that
this matter is resolved harmoniously for the greater good of the
communities and people were this certificate of title was issued.

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 …………………………………………………….

LEGAL OFFICER

MID WESTERN REGION ANTI-CORRUPTION COALITION

Cc. The Zonal Office of the Ministry of Lands, Housing and Urban
Development Masindi.

Cc. The Registrar of Titles Zonal Office of the Ministry of Lands,

Housing and Urban Development Masindi
Cc. The Chairperson Hoima District Land.