FRAUD ALERT! Opportunity bank on spot for selling contested Jomayi estates land

Opportunity bank is on spot for allegedly auctioning a contested property claiming it had been mortgaged whereas not.

Whereas the bank claims it followed all correct procedures, the original owner insists the former sold the property to a third party basing on a forged title and nonexistent mortgage.

While conducting due diligence, the bank was reportedly notified about this fraud by the area LC defence secretary, Salim Nyanzi but he was ignored.

“The bank still insists it followed all correct procedures and that the mortgage is there. They are lying on two issues: – 1) The bank was aware of the issues on the land but now they claim no one informed them:-2) the registration of a mortgage. One of the issues is over the registration of a mortgage on the land, which they claim that a mortgage was registered but there is no evidence of this at the ministry of lands. It is clear to me that the mortgage on the forged title was forged after I arrived. Even in their defence documents there is no mortgage deed.  The Ministry of Lands reverted the title to my company in 2014. But the bank and occupant insist on occupying the plot. I am about to file a criminal case against the directors of the bank,” the complainant states in court documents seen by this publication.

HOW DID WE REACH HERE

The property in question is in Busiro, block 379 plot 106 at Katale-Entebbe Municipality, Wakiso district measuring 0.0490 hectares.

Information obtained indicates that in 2003, one Mbogo Mulindwa and his colleague Moses Mudebo jointly bought this land through a company they co-owned called Tehuti Enterprises Limited.

Mbogo Mulindwa

They bought it at shs5million from Joseph Yiga Magadazi of Jomayi estates.  After obtaining transfer instruments, they entrusted a friend, Taremwa Olden Rwabariza to assist follow up on obtaining a title from the ministry of lands.

Court documents at Nakawa high court (land division) file number 616 of 2015 and corroborated by a police report after investigations under GEF/427/2011 reveals that the land title in the names of Tahuti was processed with the help of one Desire Tumukunde in the ministry of lands.

Armed with the title, Mbogo (the plaintiff) proceeded to develop the land where he constructed a house up to the beam level.

Armed with the title, Mbogo (the plaintiff) proceeded to develop the land where he constructed a house up to the beam level

He would then leave for the UK in 2007 with the original title.

Unknown to him, some people were plotting on how to diddle him in his absence.

And indeed on 23rd April, 2010 a Special Certificate of Title was obtained by fraudsters under Instrument No.KLA 452289 claiming the owners copy was lost whereas not. This was reportedly facilitated by one Denis Gafa.

Three months later, one Jane Akasiima bought the land from Gafa. She later obtained a transfer under instrument No. KLA 463188 as a registered proprietor on the fraudulent sale purportedly sold to her by the owners of “Tehuti Enterprises” at shs20m.

Jane would later proceed to mortgage the same property to Opportunity bank for a loan which she defaulted on payment.

The bank eventually auctioned the property and one Wilson Wakhatenge bought it at shs30m.

He went on to further develop the house and even occupied it.

Wilson has since added some new developments on the same property

Wilson has been sued together with Opportunity bank.

Mbogo discovered all this on return from the UK in 2013 after involving the police’s land unit.

There is a criminal case NO.CR/686/2012 at Buganda road court over the same matter.

Mbogo protested at the ministry of lands and the fake title which was used by Opportunity bank and Wilson to transact was canceled.

That despite the ministry of lands canceling all the fake titles and returning the property to Mbogo, Wilson is yet to vacate the same.

“The chief registrar at the land’s ministry informed me that a copy title had been processed under the claim that the original had been lost, which was not true because I had the original with me in the UK. I discovered the forgery was started by former work colleagues who had originally assisted me to process the title I have. They had gone back to the land’s office impersonating me,” Mbogo says.

He now wants the court to declare all transactions between Opportunity bank and Wilson illegal and repossess his property with compensation.

He accuses the bank and Wilson of not carrying out due diligence to ascertain the rightful owner of the property before entering any agreement.

The case is still ongoing in court.

This is not the first time Wilson Wakhatenge has been mentioned in controversial deals. But this is a story for another day.


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