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Nov 25th, 2024

Land dispute: Court summons two lawyers over alleged forgery

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Court has issued criminal summons against two prominent city lawyers, Robert Senfuka and Umar Nyanzi

By Our Reporter

The Buganda Road Chief Magistrates’ Court has issued criminal summons against two prominent city lawyers, Robert Senfuka and Umar Nyanzi, to appear in court over allegations of forgery, uttering false documents, and conspiracy to commit a felony. The charges stem from a protracted land dispute involving a prime property in Katanga Valley, Makerere, Kampala. 
Chief Magistrate Ronald Kayizzi issued the summons on November 18, 2024, after the lawyers failed to appear in court. “You are hereby commanded by the Uganda Government to appear in this court on November 28, 2024, at 9:00 am or soon thereafter as the case can be heard,” the magistrate directed. The charges, filed under sections 319, 323, 324, 328, and 363 of the Penal Code Act, carry maximum sentences ranging from one to three years of imprisonment upon conviction.

The allegations
The court action follows a complaint filed by Pastor Daniel Walugembe, who accuses Senfuka and Nyanzi of forging a sales agreement for land comprising plots 387, 388, 395, 396, 403, 506, 507, 508, 509, and 510 on Block 38 in Katanga Valley, opposite the Government Analytical Laboratory at Mulago Roundabout.
According to Walugembe, the forged agreement was presented to the Deputy Registrar of the Land Division of the High Court, Jeneva Natukunda, for certification. Walugembe alleges the lawyers represent Dr. Ntwatwa Lule Sikiziyivu, a former dental surgeon and son of ex-president Yusuf Lule, who is accused of criminal trespass, libel, and conspiracy to defraud over the same land. Walugembe claims he bought 15 acres of land in 1996 from the administrators of the estate of the late Ashe Sendawula Mukasa, who died in 1935. He asserts that Sikiziyivu illegally grabbed one acre of his land, fabricating documents to support his ownership claims. 
“Sikiziyivu claims he bought the land from the late Mukasa, but how can you buy land from a dead person?” Walugembe questioned.

Background of the land dispute
The Katanga land dispute has persisted for years. In 2015, Justice Alfonse Owiny-Dollo (now Chief Justice) ruled that Masembe, Buyise, and Nambogga—the then-administrators of Mukasa’s estate—were bona fide occupants of the land and legally entitled to possess it. 
Despite the ruling, Walugembe claims his land has been subject to encroachment, with several individuals refusing to vacate. He alleges that after the legal case ended, some squatters continued occupying parts of his land unlawfully.

Alleged fraudulent activities
Prosecution further alleges that in 2019, at Wandegeya Police Station, Sikiziyivu and his associate, businessman Stuart Mulangira Kateregga, falsely claimed to be rightful owners of the disputed land. They reportedly presented fraudulent ground rent (busuulu) receipts purportedly issued by Mukasa’s family. 
It is also alleged that Sikiziyivu and Kateregga conspired to defraud Walugembe, claiming they had purchased the land from the late Mukasa’s estate administrators in the early 1990s. However, Walugembe contends that the alleged administrators have all passed away, further casting doubt on the legitimacy of the documents.

Next steps
As the court date approaches, the land dispute remains a critical test of property rights enforcement in Uganda. The court will determine whether the accused lawyers and their associates forged documents to support fraudulent claims to the land.

Torch Media Africa

Published By | Dickens Tiharihondijo

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