SHOWDOWN! Court sets hearing date for Jakana, KCCA shs800m land case

Court has set June 21 this year for hearing of a case in which Edith Nagujja Jakana is accusing her son Daniel Herbert Lule Jakana of Jakana Foods Ltd (JFL) for fraudulently selling her land to Kampala City Council Authority (KCCA).

The land, measuring 0.066 acres and comprised in LRV 4552 FOLIO 13 BLOCK 203 PLOT 11780 Land at Kazo, Kyaddondo was reportedly sold to KCCA at shs827m.

Nagujja (the petitioner) avers that Daniel sold the land to KCCA without her consent.

Jakana has been sued alongside KCCA and Commissioner land registration.

“Take notice that the hearing of this case has been fixed for the 21 June, 2023 9:30 AM o’clock in the fore/afternoon or soon thereafter as the case can be heard in this court. If no appearance is made on your behalf, by yourself/our pleader or someone authorized by law to act for you, the case will be heard in your absence. Given under my hand and the seal of the Court this day of May 2023,” reads the hearing date notice by the Kampala High Court Deputy Registrar.

GENESIS

Edith dragged her son to court through her Lawyers of M/S W. MU UMUZA & CO. ADVOCATES, in civil Suit No. 1090/19 of the High Court of Uganda at Kampala, Land Division seeking legal redress over 0.066 acres comprised in LRV 4552 FOLIO 13 BLOCK 203 PLOT 11780 Land at Kazo, Kyaddondo, that was allegedly sold to Kampala Capital City Authority (KCCA) by her son Daniel and his Jakana Foods ltd, in disregard of an existing caveat.

Nagujja, who holds an equitable interest claim that the current proprietor, Jakana Foods LTD owned by Daniel Jakana, having been registered thereon without her consent as a kibanja holder, was subject to Civil Suit No. 1099 of 2019 which seeks for cancellation of the impugned Certificate of Title which was duly registered.

In the face of the said Plaintiff’s caveat, KCCA transacted with Jakana Foods LTD leading to the mutation of 0.066 acres off the described land for purposes of construction of a drainage channel yet the caveat was at the time still intact.

Between June 2021 and November 2021, KCCA paid Jakana Foods Ltd, a total sum of UGX 827.4 million being compensation for acquiring 0.066 acres of the described land, for purposes of construction of a drainage channel.

Nagujja avers that the transaction was illegal owing to the caveat thus culminating into her seeking legal redress to recover the total sum of Shs 827.4 million.

She also wants general and punitive damages from KCCA, Jakana Foods Ltd and the Commissioner in charge of land registration, who failed in their mandate of taking charge and control of the office of titles, general conveyance among other duties.

The hearing of the Civil Suit HCT-00-LD-CS-1090-2019 has been fixed for 22nd, March 2023.

Daniel and KCCA insists everything was done in accordance with the law and a due process was followed.

The said land is part of the estate of the late Daniel Nelson George Nkuse Jakana who died on 24th December, 1994.

The late Jakana senior reportedly left a Will dated 31st January ,1971 wherein, he appointed his wife Edith Jakana, and his son, Daniel, as executors of the same.

On 28th October, 2004, Nagujja and Daniel as executors filed petition for grant of probate as duly appointed joint executors for the estate of the late Jakana senior and on 7th February, 2005, Lordship Moses Mukiibi granted the executors letters of probate for the deceased’s estate.

MOTHER ACCUSES SON OF FORGING HER SIGNATURE

Elderly Nagujja in a sworn testimony alleges that her son Daniel, whom she trusted and entrusted with the day to day issues of running the family estate, instead cunningly forged her signature and that he continuously used it to execute his misdemeanors until she discovered the anomaly and alerted the family.

A meeting was called to that effect that was also attended by Peter Mulira, the then family legal adviser where Daniel continued to claim that the signature belonged to his mother.

This was contested by the mother who at the time could neither read nor write.

The late Jakana senior, in his Will bequeathed the suit property located in Kazo to his wife during her lifetime and thereafter to his son James Senjogera.

However, since then, the family has been embroiled in several wrangles that include sale of property including 7acre parcel of land located in Kungu Buwate and the depleting of the Bank account no 0070032163 of Tropical Bank Uganda belonging to Edith Nagujja, his mother, of a colossus amount of money.

STUBBORN DANIEL CONSTRUCTS SEPTIC CESSPOOL IN HIS AILING MOTHER’S DOOR STEP

Sadly even with his mother’s ailing and frail health, Daniel, last month commenced construction of a septic tank at the door step of his mother.

This was in total disregard from her in house health care giver that given her dependence on an oxygen cylinder and susceptible health, the dust and eventual fumes from the pit would endanger the mother’s health which plea went on deaf ears. FULL CASE:APPLICATION FOR DISCOVERY – JAKANA (1) (1)