KIRUHURA: UPDF Boss on Spot Over Grabbing Late Bishop Shalita's land

A public hearing chaired by the Commissioner of Land Registration in the offices of the Ministry of Lands in Kampala on December 12, revealed glaring land issues.

The heated meeting that was shunned by the suspected land grabbers, (family of the late Christopher Kajundira) was attended among others by three Registrars of Titles, two lawyers from unspecified firms represented Kajundira’s family, while the family of the Late Bishop Shalita, who are battling to recover their land were represented by two lawyers from Akampurira and Co. Advocates.

A dozen members of Bishop Kosiya Shalita’s family and relatives filled the Ministry of Lands boardroom.

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Through their lawyers, the late Bishop Kosiya Shalita’s family and relatives presented evidence to prove the illegalities committed by the Kajundiras and their accomplices.

The petition cast light on the scientifically proven expert report proving the imposition of Kajundira’s survey work and four titles in Sept. 2022, on an old survey and leasehold of 2003, with a 49-year lease to Bishop Shalita’s family.

Bishop Shalita’s family was granted a 49 years lease, with initial five years running from 2005. The expert report concludes that four new titles issued in favour of the Kajundiras in September 2022 overlap on the already existing Plot 12 granted in 2003 to Bishop Shalita’s family and relatives. In other words, the 4 titles were illegally created on land already surveyed and owned by the Bishop Shalita family.

Those summoned from the Late Christopher Kajundira’s side but didn’t appear included: Kyamukuku Magret, Mutungi Charles, Atushumbusire Phiona, Maj. Muhoozi Kajundira Godfrey, Ninsiima Alex, Kirabo Alice, Katuru Charles, Mbihingirwe Benon, Mugarura Henry, Arinaitwe Bernard, and Ampurire Ezra.

A 1997 court order that we have in our possession indicated that the Kajundira family were condemned by the High Court for trespass and evicted from Bishop Kosiya Shalita’s land at Ekimomo, and for 23 years, Bishop Kosiya Shalita’s family lived in peace until March 23, 2022, when a one Major Godfrey Muhoozi Kajundira (son to the late Christopher Kajundira), a serving UPDF officer and other family members violently commandeered a team of men armed with machetes, spears, and attacked the family of Bishop Kosiya Shalita, hacked and maimed many of them throwing the rest into disarray before grabbing their land.

According to sources, Major Muhoozi was investigated and found culpable of committing heinous crimes against the family and relatives of the late Bishop Shalita. Major Muhooozi has however not been charged in any court for the crimes he allegedly committed.

There are reports that some members of the State House, who are either sympathizers or beneficiaries of the land grabbing who are alleged to have been pressurizing the Ministry of Lands to honor the acquired 4 illegal titles and survey by the Kajundiras, imposed on an existing survey of plot 12 belonging of Bishop Kosiya Shalita’s.

In an official communication dated April 7, 2022, addressed to the Rwizi Regional Police Commander, a one Sandra Ndyomugenyi advised that the Kajundira family be evicted as they had lost the court cases when the High Court confirmed that the land belongs to Bishop Shalita. Investigations, however, reveal that State House officials have been pressuring the Ministry of Lands to validate the titles that were illegally issued in favor of the Kajundiras after the Court judgments describe them as trespassers and evicted them.According to numerous court orders in our possession, there is evidence that civil servants had ignored and or disobeyed court orders giving rise to eviction by the Kajundiras.

Several Government servants were found liable by the court in September 2022 for contempt of court orders, such as the former DPC of Kiruhura who has now been transferred to Kajansi, and the Deputy RDC Kiruhura.

Court ordered them to pay sh108m as costs for their role in the impudence against court orders. In the same case, Major Muhoozi Kajundira and his brother Charles Mutungi were also found by the High Court in September 2022, to be in contempt of court orders and were fined sh10m each and they and their family members were ordered to vacate the land immediately. They however continue to defy the court orders and have instead created the four illegal titles.

The Attorney General in a letter dated August 5, 2022, addressed to the Inspector General of Police warned individuals who disobey court orders.

“This suit ended up in the Chief Magistrates Court as Civil Appeal No 76 of 1990. On 14th July 1994, the Chief Magistrate P.K Onega (as he then was) held that the land belonged to the Late Bishop Shalita, that Kajundira was a trespasser and ordered his eviction from the land at Omukyeera village,” wrote Attorney General Kiryowa Kiwanuka.

“The considered opinion of this office is that the issue of ownership was determined by a court in High Court Civil Misc. Appeal No.2 of 1996 Christopher Kajundira vs. Bishop Shalita that the Late Bishop Shalita is the rightful owner of the suit land.”

The AG ruled that the effect of the judgment is those police officers are not supported by law. “They (Police officers) are clearly on the frolic of their own and their actions are not sanctioned by the government.”

Kiryowa Kiwanuka described as unfortunate the way the Government of Uganda is being exposed to liability under proceedings for contempt of court orders in a matter where the issue of land ownership in respect to the disputed land was resolved in Court.

A lawyer representing the Shalita family and relatives noted that the Kiruhura Land Board which presided over the illegal survey and misdirected the registrar into issuing illegal titles are in the firing line, “they will soon face criminal charges for their abuse of office,” warned the counsel.

The Public Hearing resolved that the final hearing will be concluded on January 9, 2023. The Registrar of Titles warned the lawyers who were representing the family of the late Christopher Kajundira to take the issues raised seriously and file their defense by December 27 2022 and the final decision is slated for January 9