Court orders trial of 5 people in NSSF Lubowa land case

High Court in Kampala has ordered the trial of five people accused over the fraudulent transfer of land titles belonging to the National Social Security Fund (NSSF) for land at Lubowa in Wakiso District.
This follows a successful appeal by the Directorate of Public Prosecutions.
On Monday, High Court Justice Rosette Comfort Kania overturned the ruling of the Magistrate Court at Makindye, which had freed the five, citing lack of evidence by prosecution to warrant their defence.
The five who had also been acquitted by Grade One Magistrate Elisha Arinaitwe include Mohammand Kityo Lubowa, Moses Bogere, Betty Namanya, Daphine Nakanwagi and Partick Onyango.
They face trial after the trial judge concurred with prosecution led by Adam Wasswa and Harriet Adong- that there was a prima facie case that all the five were responsible for fraudulently procuring the titles.
“It is also my ruling that had the learned trial magistrate properly addressed his mind to the evidence adduced by the prosecution, he would have found that a prima facie case had been established against the accused persons in respect to fraudulent procurement of land titles requiring them to be put on defence,” Justice Kania ruled.
“I allow this appeal with the following orders, the decision of the learned trial magistrate to acquit the respondents of the offence of fraudulent acquisition of the title contrary to section 190(1) of the Registration of Titles Act Cap 23 is set aside,” the ruling read in part adding, the respondents be put on their defence before a High Court Judge.”
Background: NSSF loses Lubowa land case to five claimants
Who is fooling who on Lubowa land row?
Court explained that a prima facie case is established when evidence adduced is such that a reasonable tribunal, properly directing its mind on the law and evidence, could convict the accused person if no evidence or explanation was set up by the defence.
NSSF Managing Director Patrick Ayota said that they are delighted with High Court’s decision.
“As the complainant, we extend our gratitude to the DPP for its commitment to prosecuting this case. The Fund is ready to defend its legal rights over its land and has confidence in the justice system in Uganda to prevail upon these fraudsters,” Ayota said.
Ayota explained that the case is not about ownership, but fraud perpetrated at the Wakiso Lands office that led to an overlay of titles onto the Fund’s registered land, yet NSSF has legal titles for land totaling 600 acres.
In September 2023, Bogere, Namanya, Nakanwagi and Onyango were formally charged before the Chief Magistrates Court of Makindye on the offense of fraudulent procurement of certificates of title contrary to Section 190 (1) of the Registration of Title Act Cap 230 (now Section 174 (1) of Registration of Title Act Cap 240).
On April 17, 2024, Arinaitwe acquitted them thus leading to the appeal in the High Court.
The land in dispute comprises FRV WAK6104 Folio 24 Block 269 Plots 3234, 3235, 3236, 3237,3238, 3239 and 3240 on land belonging to NSSF in Kyadondo Block 269 Plot 1322 at Lubowa.
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