KAMPALA – The land on which a Turkish investor seeks to construct the Shs1.4 trillion international hospital is subject to a pending Court case at the High Court for the last four years.
Early this month, Parliament approved the construction of an International Specialized Hospital in Lubowa, Wakiso District amid strong opposition from a section of members of the House.
The government seeks to borrow USD379.7m (UGX 1.4 trillion) that will be given to an investor to construct the hospital that government says will be for treatment of Non-Communicable Diseases (NCDs).
The 264-bed specialized healthcare facility will be operated as a world-class internationally accredited facility to treat conditions for which Ugandans have been travelling abroad. The conditions include cancer treatment, heart diseases, organ transplant, fertility treatment, highly specialized surgeries, and bone marrow transplant, among others.
But in a March 25 notice of interest in disputed land at Lubowa to the Managing Director of Finasi-Roko Construction SPV Limited, the administrators of the land state that their great grandfather, the late Omulangira Yusuf Suuna Kiweewa was the lawful owner of the land having obtained it pursuant to the 1900 Buganda agreement.
“The above information for avoidance of doubt can be discerned on cadastral cartridge map sheets 71/21, 71/1/22 and 71/3/1 and Kyadondo Block 265 and 269 dated June 1906 under PIN6 measuring four square miles and two square miles 592.27 acres respectively,” reads the letter through Muwema and Company Advocates.
Court documents show that in 2015, the Administrators of the late Prince Yusuf Suuna Kiweewa sued five companies jointly with the Attorney General over alleged perpetuation of fraud in connection with illegal acquisition of 1834.143 acre land at Lubowa in Wakiso District.
The land in Lubowa is part of other parts at Bunamwaya, Lweza, Naziba, Nakukuba, and Mutungo – Kyadondo in Wakiso District.
The complainants state that never at any one time did the late Prince Suuna nor the administration of his estate ever effect any transfer to the successive purported transferees including the current registered owner of block 296 plot 2772.
Case in court
In court, the companies including Uganda Company Holdings Limited, National Housing and Construction Corporation Limited (NHCC), National Social Security Fund (NSSF), Mitchell Cotts Uganda Limited Roofings Limited are accused acquiring land through fraudulent registration.
It is alleged that the Uganda Company Holdings Limited used forged documents to bring itself on the title and issued fraudulent title deeds to members of the public while NHCC allegedly obtained a title on an unsurveyed land and colluded with the registrars to be registered as a proprietor.
Court documents indicate that NSSF purports to have bought 87 acres from NHCC in 2003 but it is currently claiming for 565 acres at Lubowa Estate.
It is alleged that Mitchell Cotts Uganda Limited was registered as proprietor without any instrument of transfer from previous owner.
The administrators contend that Roofings Limited purported to have purchased land measuring seven acres but ended up claiming large tracts to which it does not have a lawful title.
According to the court documents, the lands Commissioner registered Uganda Company Holdings Limited as a holder of the Mailo/freehold land yet it is a foreign company which cannot own such interest.
By David Sseguya