A Masaka businessman’s attempt to reclaim 98.71 hectares of land has been thwarted by the Supreme Court. The court upheld the dismissal of the appeal, asserting that the contested land in Buddu Block 783, Plot 11, Byante, Kitunga, Kyanamukaaka in Masaka district, is part of the Mujuzi Central Forest Reserve. The landowner, Varesto Kafeero Mugerwa, had held the property for 29 years.
The Supreme Court, led by Justice Faith Mwondha, emphasized overwhelming evidence confirming the land’s inclusion in the forest reserve. The panel, including Chief Justice Alfonse Owiny-Dollo and others, held that the lease granted to Mugerwa by the Uganda Land Commission for farming purposes was illegal under existing legislation at the time of the transaction.
The court dismissed Mugerwa’s appeal with costs, citing a lack of merit. Mwondha stated, “All the three grounds have failed. The appeal has no merit and is dismissed with costs of this Court and the Courts below, and the lower trial court’s decisions and orders are hereby upheld.”
Mugerwa’s plea for compensation with alternative land was also rejected by the justices. Represented by Counsel Hassan Kamba, Mugerwa argued that he had surveyed the land in 1984 and obtained the title in 1985, unaware of its gazetted status. NFA, represented by Counsel Joseph Kwesiga, countered, asserting the land’s gazettement in 1914, 1932, and 1948.
Surveyor Benard Opat, working with NFA, informed the court that the land was inside the forest reserve, surveyed since 1914. He argued that Mugerwa did not carry out due diligence before obtaining the title.
Background
In 1985, Mugerwa obtained a lease from the Uganda Land Commission, registering as the land’s proprietor. Disputes arose in 2006 when NFA officials claimed the land was part of the forest reserve. Mugerwa sued NFA in Masaka High Court, seeking a declaration that the land wasn’t a forest reserve when leased. NFA’s defense acknowledged Mugerwa’s ownership but claimed the land was gazetted in 1932 and part of Mujuzi Forest Reserve, leading the court to rule in favor of NFA.
