Fresh details continue to unfold regarding a land transaction which landed Nakawa based Ideal hostels tycoon Robert Twinomujuni in trouble.
Twinomujuni was last week-Friday charged and remanded to Luzira Prisons by Buganda Road Magistrate’s Court presided over by Chief Magistrate Ronald Kayizzi on allegations of forging a land sale agreement.
He was granted bail on Thursday this week.
According to the prosecution, the businessman committed the forgery alongside Samson Arinaitwe, the administrator of the land in question.
The alleged forged land sale agreement dated June 16, 2020 is in respect of land LRV 3027, Folio 8, Block 42 Plot 38 at Katookye, Kizaara, Ntungamo district measuring 60.8 hectares.
The state alleges that on February 18, 2021 at Ntungamo Police Station in Ntungamo District, Samson and Twinomujuni knowingly and fraudulently uttered a false document; to wit, a forged sales agreement dated June 16, 2020 purporting to have been signed by Simon Nshekanabo, Winfred Musimenta, Richard Apollo Rutaro, Edith Busingye, Prudence Namara, Beatrice Kisembo Rugarama and Betty Rugarama.
It is alleged that between the months of June and December 2020 in the districts of Kampala, Ntungamo and Kabale, Samson and others still at large forged acknowledgement of receipt of money purporting that Kisembo, Nshekanabo, Musimenta, Namara, Rugarama and Rutaro received proceeds from the sale of land comprised in Ntungamo whereas not.
The state further alleges that Samson forged National Identity cards of Kisembo, Nsekanabo, Musimenta, Namara, Rugarama and Rutaro.
Prosecution avers that between June and December 2020, in Kampala and Ntungamo districts, Samson and Twinomujuni conspired together to defraud Namara Prudence and others of their beneficial interest/share on the land.
THE TRUTH
It has now emerged that Twinomujuni, 61, woes stem from a wrangle of two families following the death of the patriarch Semu Lugarama Ityaza.
“In short, this is a family matter between two families. Once their issues are not resolved, Twinomujuni will take time to enjoy this property peacefully,” a close family member told this publication.
This publication has learnt that Twinomujuni did not solicit purchase of the land in question and neither knew the registered proprietor before.
He was instead approached by land brokers and one Mbareebaki introduced him to the registered proprietor, it has been revealed.
According to our findings, Twinomujuni did his own due diligence through his lawyers before entering into the sale agreement.
And here is what was established and formed the basis for the sale agreement.
According to investigations, the land initially belonged to Mzee Semu Lugarama Ityaza who had two families.
He left his property in the hands of Samson Arinaitwe Lugarama (Son/Executor) and Pauline Kamazooba Katabaazi (Daughter) who has since passed away.
Samson, in line with a will left behind by Mzee Lugarama, would later proceed to process and obtain the Letters of Administration in respect of the Estate of the late Semu Lugarama Ityaza; and were issued by the High Court of Uganda at Kampala on 12th, June 2008 vide Administration Cause No. 862 of 2008.
Because of the many conflicts in the family, all members (from the two families) reportedly agreed by way of consent on how all the property of the late Lugarama would be distributed.
With respect to the land in contention (Kizaara land), the consent judgment stated as below: “Land at Plot 38, Block 42 and all developments at Katookye, Kizaara, Ntungamo shall be sold and the proceeds shared equally among all beneficiaries of the Estate.”
This publication has seen a copy of the consent judgment signed by Betty Lugarama, Andrew Baguma, Simon Nshekanabo, Winfred Musiimenta, Prudence Namara, Richard Apollo Rutaro, Judith Nuwagaba, Peter Lugarama, Joyce Kisembo and Jennifer Lugarama dated 15th, December 2015.
The consent judgment was emanated from Administration Cause No. 862 of 2008 in which Samson Arinaitwe was granted the Letters of Administration based on the will of the late Lugarama.
With the consent judgment, Twinomujuni and his lawyers confirmed consent of the family to sell the subject land.
On 16th June, 2020, a land sale agreement was signed with the registered proprietor and Twinomujuni took effective occupation of the land.
The agreed purchase price for the land was Shs 800,000,000 which was to be paid in line with the land sale agreement.
This is how the money was disbursed.
On 16/06/2020, a first installment of Shs 80,000,000 was reportedly paid to Samson Arinaitwe (Administrator) by Robert Twinomujuni before lawyers of Mutabingwa & Co. Advocates in Kampala.
On 26/06/2020, a second installment of Shs 50,000,000 was paid to Samson Arinaitwe (Administrator) by Molly Twinomujuni in Ntungamo and witnessed by Asiimwe.
On 03/07/2020, a third installment of Shs 35,000,000 was paid to Samson Arinaitwe (Administrator) by Robert Twinomujuni and witnessed by Molly Twinomujuni and Mutaruha Johnson in Ntungamo.
On 06/08/2020, a fourth installment of Shs 10,000,000 was paid to Samson Arinaitwe (Administrator) by Robert Twinomujuni and witnessed by Tugume. E.
On 23/09/2020, a fifth installment of Shs 31,500,000 was paid to Samson Arinaitwe (Administrator) by Robert Twinomujuni and witnessed by Rogers Kamugisha and Judith Nuwagaba in Kampala.
On 22/10/2020, a sixth installment of Shs 16,000,000 was paid to Samson Arinaitwe (Administrator) by Robert Twinomujuni and witnessed by Judith Nuwagaba.
On 24/10/2020, a seventh installment of Shs 70,000,000 was paid to Samson Arinaitwe (Administrator) by Robert Twinomujuni.
On 31/10/2020, an eighth installment of Shs 43,000,000 was paid to Samson Arinaitwe (Administrator) and witnessed by Asiimwe .G.
On 11/12/2020, a ninth installment of Shs 20,000,000 was paid to Samson Arinaitwe (Administrator) by Robert Twinomujuni and witnessed by Judith Nuwagaba.
On 16/12/2020, a tenth installment of Shs 20,000,000 was paid to Samson Arinaitwe (Administrator) by Robert Twinomujuni.
On 30/12/2020, an eleventh installment of Shs20,000,000 was paid to Samson Arinaitwe (Administrator) by Robert Twinomujuni witnessed by Asiimwe .G.
On 5/01/2021, a twelfth installment of Shs 20,000,000 was paid to Samson Arinaitwe (Administrator) by Robert Twinomujuni and witnessed by Asiimwe .G.
On 21/01/2021, a thirteenth installment of Shs 90,000,000 was paid to Samson Arinaitwe (Administrator) by Robert Twinomujuni and witnessed by Asiimwe. G.
The total amount acknowledged in writing without dispute totaled Shs505,500,000.
The job of distributing the proceeds to the beneficiaries was with the Administrator of the Estate (Samson) in line with the letters of Administration, while Twinomujuni’s role was to pay to the Administrator the agreed purchase price for the land.
This publication has further learnt that at the time of signing the agreement, the beneficiaries who were present signed as witnesses and received their share in cash on 16th June, 2020.
They are Sylvia Twinomujuni, Allan Lugarama, Andrew Baguma and Samson Arinaitwe and they have no claim.
U-TURN BY A SECTION OF FAMILY MEMBERS
The other beneficiaries of the Estate also reportedly received the money but later denied receipt under the pretext that their signatures acknowledging receipt of their shares were forged.
The beneficiaries who allegedly denied include Simon Nshekanabo, Winfred Musimenta, Richard Apollo Rutaro, Edith Busingye, Prudence Namara, Beatrice Kisembo Rugarama and Betty Rugarama.
They later filed cases at Ntungamo police and Mbarara high court.
The High Court of Mbarara in Civil Suit No. 0024 of 2021 ordered that the signatures of the beneficiaries who said their signatures were forged, should be subjected to a handwriting expert opinion and they all refused.
The Estate Administrator, Samson Arinaitwe reportedly confirmed that he made payments to the beneficiaries and produced acknowledgment forms thereof and Twinomujuni was reportedly never in the picture when the former distributed the estate to the contesting beneficiaries as follows:
Betty Lugarama reportedly received Shs50,000,000 and acknowledged in writing. The payment was witnessed by Joseph Bahuzya (a brother of the late Lugarama) in Kyamugaashe, Ntungamo on 30/10/2020.
An additional Shs 10,000,000 was also paid to her to facilitate removal of caveat lodged by Prudence Namara.
Betty alleges that her signature was forged but refused to submit to the expert opinion of the handwriting expert even after the court issued a court order for the same.
Kisembo Beatrice Lugarama allegedly received her share of the estate and acknowledged on a copy of her identity card.
She is said to have received her money on 21/01/2021 and witnessed by Sylvia Twinomujuni. She alleges that her signature was forged but refused to submit to the expert opinion of the handwriting expert even after the court issued a court order for the same.
She later reportedly signed consent of 27th April, 2021 in which she withdrew all claims against Twinomujuni and Samson.
Namara Prudence reportedly received her share of the estate and acknowledged on a copy of her identity card.
It was reportedly received on 27/06/2020 and witnessed by Joseph Bahuzya (a brother of the late Lugarama) in Kabale town.
She had put a caveat on the land (Prudence Namara of Masanafu Village, Lubaga Division). She received her share and an additional amount to remove the caveat she had put on the title.
She wrote that she would receive balance after removal of caveat. On 16th December, 2020, she executed a Notice of withdrawal of Caveat addressed to the Registry of Titles – Mbarara Land Zonal Office.
It is unlikely that forgery was done for her ‘National Identity card’, ‘Acknowledgement of receipt of money which was in her own handwriting’, and the ‘signature on the Notice of Withdrawal of Caveat’ which were all intended to perfect the sale of land agreement between Samson and Robert Twinomujuni.
She alleges that her signature was forged but refused to submit to the expert opinion of the handwriting expert even after the court issued a court order for the same.
Edith Lugarama’s share was reportedly taken by Sylvia Twinomujuni who said she took it to her. She further consented in writing to withdraw from the civil case in which Prudence was representing all the beneficiaries by consent of 27th April, 2021 noting she had no claim against the Twinomujuni and Samson. Edith was reported to be very sick with cancer.
Simon Nshekanabo reportedly received his share of the estate and acknowledged on a copy of his identity card. The payment to Simon was witnessed by Joseph Bahuzya (a brother of the late Lugarama) who received 20million on 6/11/2020.
He alleges that his signature was forged but refused to submit to the expert opinion of a handwriting expert even after the court issued a court order for the same.
Joseph Bahuzya (a brother of the late Lugarama) also reportedly witnessed payment of Shs20million to Rutaro Richard Apollo) at Kabale town on 27/06/2020.
Sylvia Twinomujuni, in her statement in the High Court noted that she delivered Gashishiri Julia Tibinsasa shares on 23/09/2020.
The payment of Shs20million to Musimenta Wilfred was reportedly witnessed by Joseph Bahuzya (a brother of the Late Lugarama) at Kabale town on 6/11/2020. By consent of 27th April, 2021, she withdrew her claim in the civil suit against Samson and Twinomujuni.
By consent of 27th April 2021, Judith Nuwagaba withdrew her claim in the civil suit against Samson and Twinomujuni.
Allan Lugarama (also a beneficiary) reportedly witnessed the Administrator (Samson) paying Boaz Mugisha his share of the estate. Joseph Bahuzya (a brother of the late Lugarama) witnessed payment to Boaz of 10million and also witnessed him signing the acknowledgement on 30/10/2020.
Boaz, in his witness statement (with a thumbprint) said that he never sued the Samson and Twinomujuni or raised any claims, and that he did not give Prudence any authority to file any suit, bring any claim or swear affidavit on his behalf.
“The beneficiaries have been and remain inconsistent and in any case their inconsistencies are a family matter to be determined among the family with the Administrator of the Estate,” a source close to the family stressed.
TITLE PROCESS FRUSTRATED
It has been established that the Administrator of the Estate of Lugarama (Samson Arinaitwe) was reportedly denied the original copy of the certificate of title allegedly by the lawyer – Jonathan Tibisaasa of Tumusiime Kabega & Co. Advocates even when he was the registered proprietor thereof.
Clause 8 of the sale agreement provided that the vendor would deposit the duplicate certificate of title with Mutabingwa & Co. Advocates until all terms of the agreement were complied with but he failed because lawyer Tibisaasa withheld the title.
On 10th August, 2020, a formal demand was made to the lawyer to handover the certificate of title to the registered proprietor since his instructions were to process the transfer of title and not to keep the title to which he had no title or interest.
On 27th August, 2020, Samson lodged a formal complaint of professional misconduct against Advocate Tibisaasa and the matter is still pending before the Law Council.
The law council regulates and disciplines lawyers.
FOUL PLAY?
According to sources, the handling of the whole land transaction related saga has since raised suspicions of foul play.
For instance that when family members who denied receiving their share raised the matter with authorities, on 11th February, 2021, Twinomujuni reportedly wrote to the Resident State Attorney of Ntungamo highlighting among others that he bought the subject land lawfully from the Administrator of the Estate, and that “there was no criminal offence against a buyer who bought land and acted to exercise an honest claim of right under section 7 of the Penal Code Act.”
He did not receive any feedback from the Resident State Attorney.
Also in the course of police investigations, Twinomujuni handed over all the evidence (agreements, receipts etc) which police treated as exhibits to prove that he acquired the said land legally.
Surprisingly, the complainants used the same exhibits handed over to police to institute a civil case in Mbarara (High Court Civil Suit No. 24 of 2021) while abandoning the criminal case that had apparently already been sanctioned by the DPP.
Twinomujuni highlighted this anomaly and abuse of process in his 26th October 2023 complaint to the DPP where he also requested the latter to recall the file (CRB 096/2021) for perusal so as to quash the malicious charges.
The DPP reportedly never responded to Twinomujuni’s complaint letter.
There are now concerns as to why the DPP and Uganda Police took no effort to investigate and establish the rights, claims and interests of the parties for over two years and instead chose to ambush Twinomujuni over night with a new created file; causing unnecessary embarrassment and harm to a very responsible senior citizen.
Determined to put the matter to rest by proving his innocence ( by establishing the truth, facts which could have been got through investigations by Uganda Police but they decided not to), Twinomujuni, through his lawyer applied to the High Court for an order to get back exhibits of sale of land withheld by police.
On 30th March, 2023, Court ordered the defendants to avail the exhibits to Twinomujuni for a handwriting expert opinion.
When the exhibits were handed over for an expert opinion, the expert highlighted that the only way to establish the handwriting would be by obtaining another specimen handwriting of the complainants and he required that the people alleging forgery must write something before a neutral person, and then the handwritings would be compared transparently to establish whether the exhibits were forged.
The application for the complainants to write before a neutral person was presented to Mbarara High Court by Twinomujuni and is pending a ruling fixed for next month-3rd May, 2024.
HOW TWINOMUJUNI WAS ARRESTED
Twinomujuni, 61, was arrested on 11th April, 2024, at around 11.30am by two armed police officers—the Investigating Officer (Muwanika) together with over five other non-uniformed officers at his premises in Nakawa like a chicken thief.
We have established that the arresting officers reportedly did not have an arrest warrant and also refused to inform him of the reason for the arrest.
“He was told that he was arrested for purposes of ‘conferencing’ with their bosses about the Ntungamo land matter at Kibuli CID Headquarters,” a source told us.
He was, however, taken to CPS where he was detained immediately.
All efforts to get bond failed, and what he was told was that he would be presented in Ntungamo court since the file was sanctioned two years back.
In a twist of events, he was instead presented in Buganda Road Court on Friday, 12th April, 2024, where the application for bail was not heard and adjourned to Thursday, this week (18th April, 2024) when he was released.
Additionally, the case read to him was of 2024, meaning a new file had been created contrary to the 2021 file on which he was allegedly arrested.
We have since established that there is a State House official interested in the same land, but this is a story for another day.
Watch this space!
DEAR READER, CALL/TEXT/WHATSAPP 0777959024
FRAUD IN BANKS, BETTING FIRMS, CHEATERS, DIVORCE FILES, S3X NETWORKS, S3X FOR MARKS, HARASSMENT OF ALL NATURE AT OFFICE BY YOUR BOSS, CHILD NEGLECT, WETLAND OCCUPATION, ENVIRONMENTAL DEGRADATION, VIDEOS, IMPUNITY or CORRUPTION (in government agencies/ MDA’s, NGOs, Ministries, Private sector), FIGHTS IN OFFICES, JOB WARS/ WITCH HUNT, URA TAX FRAUD/NON-COMPLIANCE, CHEATING MONEY LENDERS, BUSINESS WRANGLES, SUBSTANDARD PRODUCTS, GOLD SCAMS, NSSF REMITTANCES NON COMPLIANCE, LAND ISSUES, INTERNAL AUDIT REPORTS EXPOSES, POLITICAL WRANGLES…ETAL.
SOURCE PROTECTION/CONFIDENTIALITY IS OUR NO.1 PRIORITY.
President Museveni Kaguta has been urged to do everything possible to combat unemployment in Uganda,…
Those who have been following my sex-capades can recall when I stormed a convent and…
By Ben Ssebuguzi A few weeks ago, it was exciting to learn that Hajjat Uzeiye…
Sometime back, city tycoon Samuel Lotigo approached DFCU bank for a loan to finance some…
By Moses Agaba Kabale Jimmy Akena, the President of the Uganda People Congress Party (UPC),…
Pokwero sub-county in Pakwach District has registered significant success stories of Parish Development Model (PDM)…