KAMPALA – The High Court in Kampala has issued an order halting the implementation of the directives issued by junior minister for lands, Mr Sam Mayanja, in respect to the disputed 120-acre piece of land at Kaazi in Wakiso district.
High Court Judge Bonny Isaac Teko issued the temporary injunction on Friday following an application by the Kabaka of Buganda Ronald Muwenda Mutebi II and Buganda Land Board (BLB), who are not only aggrieved by Mayanja’s impugned directives but also accuse him of abusing his powers.
Mayanja had directed Uganda Registration Services Bureau (URSB) to deregister BLB, a move which Mengo argues is an abuse of the minister’s powers.
Mayanja, Attorney General, Commissioner Land Registration and Phiona Barungi, a senior presidential assistant on special duties, are the respondents in the main case, in which the application arose. K&K Advocates represents the Kabaka in the case.
Issuing the temporary injunction in regard to the matter, Justice Teko noted that there are legal issues which need to be considered by the court to assure the rights of the Kabaka or to further protect his right to property in the suit land.
The land in question is comprised in Block 273, Plot 5 at Masajja as officially registered Mailo in the names of the Kabaka of Buganda by virtue of his office as the reigning King.
“A temporary injunction does issue restraining the respondents, their agents, servants, employees from implementing the impugned directives of the 1st respondent (Mayanja) issued on March 10, 2025 in relation to block 273 Plot 5 land at Kaazi until delivery of the ruling in judicial review application no.175 of 2025,” Justice Teko ruled.
Justice Teko noted that there is need to establish whether the actions of Mayanja and Barungi were executed within the provisions of the law and that Mayanja never exceeded or abused his powers in issuing the directives.
On March 10 this year, Minister Mayanja, among others, ordered the commissioner land registration to cancel Kabaka’s proprietary interest in the property in question, mutate and issue Mailo title to the estate of the late Prince George Mawanda for the remaining 20.1 acres as stipulated in the purported deed of donation of Sir Daudi Chwa II.
Moments after the court ruling , Mr Daudi Mpanga, the Buganda kingdom’s property and lands minister, commended the court for fast-tracking the case.
Citing two cases that have been previously decided in the favour of the Kabaka in regard to the land in question, Mpanga wondered how Mayanja came up with the 16 impugned directives if not abuse of power, which he warned that if it continues, it will drive the country back to the days of Idi Amin’s lawless regime.
Genesis of the row
In August last year, the interdicted commissioner land registration, Baker Mugaino, cancelled all titles, which had been created over the land. This followed a complaint from the kingdom accusing the scouts’ body of violating the lease terms.
This was after the scouts’ board of trustees leased out part of the land to Serena Heights Kaazi Ventures and Sky and Lakes Limited for development purposes, which Buganda kingdom argued was done illegally without the consent of the Kabaka, who is the registered owner of the property and also in blatant violation of the lease terms.
The trustees who assented to the deal include eminent people such as Dr Maggie Kigozi, Bishop Nelson Onono Onweng, Dr John Mugisha, Patrick Barugahare Mujuni and Richard Kamya. However, Lucy Nakyobe, the head of Public Service, did not sign.
Records from Buganda kingdom show that the land was originally registered under final certificate (FC18454) and later registered in Mailo Register Volume (MRV) 269 folio 25.
At the inception of the block and plot system of mailo registration, however, the subject land was registered as Kyadondo block 273 plot 5 at Masajja as officially mailo registered in the names of the Kabaka of Buganda by virtue of his office.
On July 1, 1948, the Buganda Kingdom allocated the land to the Uganda Scouts Association for a term of 49 years for purposes of scouting and camping. The lease was registered under instrument No. 81336 under leasehold register volume (LRV) 236.
Following the abolition of the Kingdoms in 1967 by the then government, the land in question was part of the Kingdom’s property that was vested in the Uganda Land Commission (ULC) by virtue of Article 108 of the Constitution.
On July 1, 1988, the Uganda Land Commission, into which the land was vested, extended the lease with the trustees of the Uganda Scouts Association for a term of 59 years.