Outcry as Court Registrar Dismisses Busamba Land Dispute Application
On Monday, January 22, 2024, the decision by Mr Samuel Olumo, the deputy registrar of Makindye Family Division of the High Court, to dismiss a crucial application in the Busamba land dispute has ignited anger among family members and residents. The dismissed application, numbered 948 of 2023, aimed to include 30 additional respondents, including a land dealer, Berna Nakato, and other Bibanja holders, in the main case (number 8 of 2023).
Mr Olumo rejected the application on Friday, citing what he deemed as extremely weak and unrealistic grounds presented by the applicants. The main dispute involves Ms Josephine Mpamulungi and Teddy Namusoke, who are challenging Richard Semitala and Eustarious Ssegantebuka, the administrators of the late Gabudyeri Lubajja’s Estate. They accuse them of fraudulently obtaining letters of administration (Number 77 of 2010) and introducing Ms Nakato to the 1,044 Namayumba-based land in Wakiso district.
Nakato, initially a surveyor, received 150 acres as payment for her services before acquiring an additional 50 acres, bringing her total stake to 200 acres. The dispute has entangled over 5,000 residents, primarily Bibanja holders, residing peacefully on the land for the past 30 years in villages of Busamba, Kanziro, and Ngondwe.
In the dismissed application, Ms Mpamulungi faced an unexpected setback when Mr Olumo pointed out disparities in her signature, deeming it legally insufficient. He advised her to file a fresh application with a proper signature or appeal his ruling. Ms Mpamulungi expressed disbelief, stating that the signature had been consistent since her primary education, and dismissing the application based on slight differences was absurd.
Examining Olumo’s ruling, he highlighted variations in the size, spacing, and spontaneity of Ms Mpamulungi’s signature. Despite her testimony confirming her handwriting, Mr Olumo did not invoke Section 69 of the Evidence Act, which considers a party’s admission to an attested document as sufficient proof of its execution against them.
The family members, frustrated by repeated postponements of their case, filed the application in June 2023. Despite presenting evidence, they claim Mr Olumo has been obstructing their efforts. Mr Mathias Mulumba, a family member and lawyer, expressed disappointment, questioning when justice would prevail in the country.
