Summary
It Should be noted that the Conflicted Land in Kigo (Plots: 23974,23975,23976 & 23977 on Block 273) is public land also known as Lake reserve land gazzetted by the government of Uganda through the Ministry of Lands, Housing & Urban Development which whose Wakiso District Land Board (The Ministry’s Regional Office) Provided Kiham Enterprises with Free Hold Tittles with BLB’s head of survey Bashir Juma Kizito also doubling as the Wakiso District Staff Surveyor . This means this land initially belonged to no one but the government under the National Environment Management Authority (NEMA) which equally Approved Kiham Enterprises to use it upon conducting an environmental and social impact assessment of the Company’s project as provided for by Section 1, N.153-1 of the Environment Impact Assessment Regulations in The National Environmental Act, No.5 of 2019
As Buganda Land Board (BLD) resorts to blackmail, malice and propaganda using the name of ‘Kabaka’ and Buganda Kingdom, The Uganda Times has exclusively landed on a survey report of the contested Ham Sports Centre Kigo land.
Thus Kiham’s claims is on “Public with Freehold title tenure whereas Buganda Land Board (BLB)’s claim is on a Mailo Land with mailo tittles tenure”. Never the less, Kiham’s Co-director tycoon Hamis Kiggundu proposed a joint boundary opening survey with BLB to draw the line between public and Mailo Land as the only transparent way to solve the conflict between the parties. However, BLB opposed Kiham’s proposed survey which act left Ugandans wondering why BLB officials have since opposed to boundary opening to simply draw a line between a public land and a milo land.
The BLB has since resorted to a mass Blackmail, Malice, sabotage character assassination and falsehood propaganda campaign against Kiham Enterprises and the person of Tycoon Hamis Kiggundu leaving netizens in awe, wonderig whether these are the kind of Moral Values that BLB would like to teach our future generations as they learn by example.
According to documents before this website, the survey report was done by Mr. William Matovu a registered Surveyor of Uganda Surveyors’ Registration Board.
Below is the Survey report Highlighting the Facts and Expositing the BLB officials’ Fraud and Criminalities
- BLB claims that Freehold certificates of titles comprised in Kyadondo Block 273 Plots 23974, 23975, 23976 and 23977 land at Kigo, were erroneously and illegally created over the Official Mailo Certificates of titles comprised in Kyadondo Block 273 Plot 38 and Plots 87, 99, 110, 165, 167, 169, 174, 175 and193 formerly registered under F. C. No. 18454 belonging to the Kabaka of Buganda.
- BLB further claims that the Freehold Interest in the above stated titles (owned by Kiham Enterprises (U) Limited) overlap with the Official Mailo Interest owned by the Kabaka of Buganda comprised in Kyadondo Block 273 Plot 38 and Plots 87, 99, 110, 161, 165, 167, 169, 173, 175, 184, 191 and 193.
PURPOSE OF SURVEY:
1. To ascertain whether or not the Freehold certificates of titles owned by Kiham Enterprises (U) Limited comprised in Kyadondo Block 273 Plots 23974, 23975, 23976 and 23977 at Kigo were erroneously and Illegally created over the official mailo certificates of title owned by the Kabaka of Buganda comprised in Kyadondo Block 273 Plots 38 and Plots 87, 99, 110, 165, 167, 169, 174, 175 and 193.
2. To ascertain whether or not the above mentioned Freehold certificates of title in (1) overlap with the official Mailo Interest owned by the Kabaka of Buganda.
Methodology
In order to address the purpose of the survey, it was imperative that an understanding of the entire Kyadondo Block 273 is obtained. It was also found prudent to interrogate the history of Kyadondo Block 273 so as to address the issue of ownership distribution on the entire block.
In light of the above therefore, the following facts finding steps were undertaken to guide on the most suitable methodology in response to the purpose of the survey;
1. Extract of the cadastral sheets or maps were obtained from the Department of Surveys and Mapping, Entebbe.
2. Various Area Schedules were obtained from the Wakiso Ministerial Zonal Offices – Kyadondo branch.
3. A location Survey was undertaken by physically visiting and traversing the land in contention using an RTK survey machine geo-referenced on UTM coordinate system.
4. The extracted cadastral sheets were digitized to convert them from the analogue maps into the UTM coordinate system and or into the computer processed data using the Auto CAD software. In light of this therefore, the maps below were digitized;
a) The whole Kyadondo Block 273,
b) FC 18454 (owned by the Kabaka of Buganda),
c) The Freehold certificates of titles (owned by Kiham Enterprises (U) Limited) and the immediate neighboring certificate of title (Plot 23042).
Survey Report Findings
- The digitized total acreage of the whole Kyadondo Block 273 was computed as 43,705,265.861 Square meters / 4370.527 Hectares / 10799.57 Acres/ 16 Square miles and 559.36 Acres.
I. 1No. Plot to the Kabaka of Buganda under FC 18454 (MRV 269/25), now registered as Plot 38 and Plots 87, 99, 110, 165, 167, 169, 174, 175, and 193.
II. 1No. Plot to the N. A. C (Native Anglican Church) under FC 36348, now known as Plot 51.
III. 2No. Plots to the N. A. C as grants namely; G. 21584 (now Plot 57) and G. 21585 (whose current Plot number is not recorded)
IV. 1No. Plot to N. A. C (Surrendered), now known as Plot 58.
V. 2No. Plots to W. F. M (White Fathers Mission) as one grant namely; G. 21135, now Plots 52 and 55.
VI. 1No. Plot to Ibulaimu S.under FC 17690.
VII. 1No. Plot to H. H. Sir. D. Chwa under FC 27404, now known as Plot 56.
VIII. 1No. Plot that was named as Gombolola site.
IX. 1No. Plot left as “Total Lake Area”under PT52, now known as Public Land.
3. The boundaries of the land owned by the Kabaka of Buganda under FC 18454 were identified and ascertained with a total acreage of 42, 363, 415.621 Square metres or 4236.342 Hectares or 10468.00 Acres or 16 Square miles and 228 Acres.
4. The location survey of Freehold certificates of titles comprised in Kyadondo Block 273 Plots 23974, 23975, 23976 and 23977 (owned by Kiham Enterprises (U) Limited) confirms that all the four (4) plots are situated within the Plot described as “Total Lake Area” (also known as Public Land). The actual location of the Total Lake Area (Public Land) is clearly indicated in the green colour
5. It is also important to note that a Plot, namely, 23042 (a neighboring Plot to the Freehold certificates of titles owned by Kiham Enterprises (U) Limited) was peculiarly located both on the “Total Lake Area” (Public land) and FC 18454 (Mailo land) Plots, implying that It overlaps on two (2) tenure systems.
6. Arising from (5) above, It is further observed in the survey report by Buganda Land Board (drawing 1), issued by RSU Kizito Bashir Juma, that the same plot is a leasehold title out of Mailo land, something that creates an anomaly since one certificate of title cannot be held on two tenure systems. Plot 23042 (read Plot 4839 as recorded in drawing 1 of BLB survey report) was therefore surveyed, created and issued in error and requires an amendment by the office of the senior registrar of titles (MLHUD) in order to separate the mailo and public land interests which were computed as 37.30 Acres and 95.34 Acres respectively
7. Critical Analysis of the survey report produced by Buganda Land Board authored by RSU Kizito Bashir Juma
In conclusion, it was confirmed from the findings that
- The Freehold certificates of titles owned by Kiham Enterprises (U) Limited comprised in Kyadondo Block 273 Plots 23974, 23975, 23976 and 23977 at Kigo were created out of land known as “Total Lake Area” (Public land) which is historically excluded from FC 18454, but situated under Kyadondo Block 273.
The controlling authority of such public land is vested in the respective District Land Board on behalf of government, in this case, Wakiso District Land Board. The Freehold certificates of titles mentioned above were granted and issued by Wakiso District Land Board, which was confirmed that it followed the right procedures and three’s therefore nothing erroneous and or illegal about the creation of the said freehold certificates of titles.
- When the Freehold certificates of titles mentioned in (1) above were being created, they followed an already surveyed and demarcated boundary line for Plot 38 (Occupied by Mirembe Villas), implying that the freehold certificates of titles share the same surveyed data (coordinates) with the mailo certificates of titles at the common boundary line with Plot 38.
The findings therefore confirm no existence of any overlap of the Freehold certificates of titles into the existing mailo certificates of titles for land comprised in FC 18454.
Report prepared and compiled by,
William Matovu
RSU, SRB No. 213, FISU, BSc. Surv., MSc. Mgmt.
Dated,
17th May 2022
Our Conclusive observation in this report extracted from No.6 of the findings above which reads “Plot 23042 (read Plot 4839 as recorded in drawing 1 of BLB survey report) was therefore surveyed, created and issued in error and requires an amendment by the office of the senior registrar of titles (MLHUD) in order to separate the mailo and public land interests which were computed as 37.30 Acres and 95.34 Acres respectively.” is that 95.34 acres as stated above were fraudulently taken from Public Land that belongs to Kiham Enterprises. This Explains the reason as to why Serena’s land is on two tenure systems instead of being on Mailo tenure only.
In conclusion therefore Bashir Juma Kizito being the Head Surveyor at Buganda Land board and at the same time Doubling as the Staff Surveyor for Wakiso District Land Board, used his influence as a double servant contrary to the Public Standing Orders 2010 to commit a crime as highlighted in Section 9 of the Anti-Corruption Act 6 of 2009 to illegally create an anomaly of creating a single certificate title on 2 tenure systems.
Prosposed Sports Facilities to be developed on the Conflicted land by Kiham Enterprises, under HAMZ SPORTS CLUB
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