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How court set in motion Ndeeba church demolition

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Last Monday night brazen demolition of St Peter’s church Ndeeba disrupted the quiet calm of its neighbourhood and that of the entire nation.

That demolition capped a three year protracted battle that was ultimately set in motion by the ruling of Justice John Eudes Keitirima of the High Court Land’s Division on August 06, 2017.

“It was held in the case of Fam International Limited and Ahmad Farah versus Mohamed El Faith [1994] KALR 307 that fraud is such a grotesque monster that the courts should hound it wherever it rears its head and wherever it seeks to take cover behind any legislation. Fraud unravels everything and vitiates all transactions,” Justice John Eudes Keitirima wrote in his judgment dated August 06, 2017.

That judgment written three years ago in one way or the other implicated the former leaders of the Church of Uganda and commissioner land registration in the fraudulent acquisition of a certificate of title comprised on Kibuga block 7 plot number 749.

This land is where St. Peter’s Church Ndeeba was built 40 years ago before it was demolished by men who have since been charged in court. The demolition was done in the wee hours of August 8, 2020, sending the country into pandemonium.

Court records show that Dan Ssemwanga, John Kajoba, Edward Balunga and Steven Nakibinge who are the joint administrators of the late Evelyn Nachwa’s estate went to court in 2008 accusing Lucy Nsubuga, the administrator of the estate of the late Bishop Dunstan Nsubuga, Constance Nalongo Kizito, the administrator of the estate of Esau K. Kizito and Armstrong Kiteesa, the administrator of the estate of Yuda Kitaka, Commissioner Land Registration and the Registered trustees of Church of Uganda of fraudulently
processing the title.

Court records show that while Nsubuga, Kizito and Kiteesa denied having any interest in the land, the commissioner land registration didn’t bother to file a defense despite repeated reminders by court via summons.

For its part, the Church of Uganda’s trustees admitted that Nachwa was the registered proprietor of the land now in dispute until March 3, 1981. And that when she transferred the land to Nsubuga, Kizito and Kiteesa, she ceased to have any interest in the land.

To prove that the special certificate of title was obtained fraudulently, during the hearing of the case, Nachwa’s son Balunga told court that it’s only him and his other three siblings that were appointed as administrators
of their mother’s estate.

He said they came across a letter, which they attached to their case, dated January 25, 1980 written by Nachwa to Barclays bank. Therein, she requested the bank, now called Absa, to receive for safe custody the certificate specified.

The bank received the title and on June 5, 1980 wrote to Nachwa asking her to present herself on issues of her deposited title. Though the administrators of Nachwa’s estate say they retrieved the duplicate certificate of title from the bank, when they attempted to have their names registered on the title as administrators, they found it was registered in the names of Bishop Nsubuga who headed the Namirembe diocese under whose jurisdiction St Peter’s church Ndeeba falls.

The chronology of events, Justice Keitirima ruled, was important to analyze the fraud.

“On the 25 January 1980, Evelyn (Evairini) Nachwa deposited the certificate of title with Barclays bank. On the 16 January 1980 there was an entry endorsed on the title that a special certificate of title was issued since the duplicate was lost, the judge pointed out.

“That this was a space of 10 days before the special certificate of title was issued. That there must be an application of the issuance and the intention to issue and the same should have been advertised for at least 30 days. That by inference Nachwa is said to have applied for a special certificate of title earlier than the date on which the entry was recorded on the title and yet she was in possession of the duplicate certificate of title which was deposited in the bank on the 25 January 1980!”

It was argued by the administrators of Nachwa’s estate that the instrument, the application of special certificate of title and the declaration in support of such application were not available in the office of the commissioner land registration and none was produced in court by way of evidence.

They concluded the no-availability of such documents was apparent evidence that Nachwa didn’t make them and they were clearly forged. The legal team that represented the interests of Bishop Nsubuga’s family essentially distanced the late prelate from all the transactions that led to the registration of the disputed land into the names of Bishop Nsubuga as a joint owner and stated that the signatures attributable to the deceased through the documents relied on by the plaintiffs as having been used to register the same property into his joint names were forged.

Relying on the evidence of Bwanika Eddy, a retired police detective who investigated the case and found that the signatures of Bishop Nsubuga were forged and the lawyer who had executed the transfer forms never met the late Nachwa and that he had never met Bishop Nsubuga, Justice Keitirima had no option but to conclude this scheme was nothing but fraud.

“I agree with counsel of the said defendants’ submission that the fraud has been perpetuated by some unscrupulous people who may have used the defendant’s names especially in light of the fact that apart from the defendant’s names appearing on the special certificate of title there was no evidence to show that they were responsible,” Justice Keitirima ruled.

“The 4th defendant [commissioner land registration] should have been better placed to explain under what circumstances he or she issued the special certificate of title. However, the Commissioner Land registration never filed a defense. It was held in the case of Fredrick J.K. Zaabwe VS Orient Bank Limited and 5 others- S. C.C. A No. 4 of 2006 that failure to defend a suit imputes admissibility. In absence of any explanation by the 4th defendant imputes that he/ she was responsible for this mess.”

CHURCH OF UGANDA CONNECTION

In their written defense, the trustees of the Church of Uganda claimed that Nachwa was the registered proprietor of the land until March 3, 1981 when she transferred it to Nsubuga, Kizito and Kiteesa and consequently ceased to have interest in the land.

The Church denied forging any signature of Nachwa. They said they were not aware of any transaction between Nachwa and Stanley Kigere and Nachwa and Dan Mbowa, which led to sub divisions of the land.

The land, the church’s lawyers argued, was registered in the names of Nsubuga, Kizito and Kiteesa not in their personal capacities but as constructive trustees of the Church of Uganda in accordance with the resolution of the Diocesan Synod of Namirembe Diocese sitting at Namirembe on October 10, 1971.

“At the material time and after the said resolution, it became the practice of the Anglican Church of Uganda to hold the same in trust for the Christians,” they insisted.

Through the Christians of St Peter’s church Ndeeba, the church said, it has been in possession of the land since 1981 and it has carried out several developments.

They include a church building, several houses for the clergy, a washing bay and motor vehicle with full knowledge of Nachwa. During her lifetime, they said, Nachwa never denied having given the land to the Church of Uganda nor challenged its occupation. The church says that after Nachwa passed way, it’s only then that his children started claiming the land and threatened to evict the church.

Justice Keitirima, in his judgment, dismissed the Church’s defense. He said the title of the land shows Bishop Nsubuga, Reverend Y.S Kitaka, E.K Kizito (as Joint tenants) Namirembe Diocese P.O Box 14297, Kampala.

There is nothing on the entry, “the judge ruled “that shows the registration of the three defendants as trustees. That’s why the plaintiffs never initially sued the 5th defendant [Trustees of Church of Uganda] but sued the other defendants because there is nothing to show on the certificate of title that it belonged to the 5th defendant. It was actually the court that ordered the 5th defendant to be joined on the suit when they indicated interest in the suit land.”

The judge further punched holes in the Church’s defense saying the Synod couldn’t appoint Nsubuga, Kizito and Kiteesa as trustees without complying with Trust Incorporation Act CAP 165 section 1 (1).

“Therefore, in absence of evidence of compliance with the said Act, no persons can be registered as proprietors of land and claim to be trustees of a community. The said three defendants were therefore registered individually as proprietors and not as trustees of the suit land since they had not complied with the Trustees Incorporation Act Cap 165.”

The judge who went ahead to order the Commissioner Land Registration to change names of the title into those of Evairini Nachwa.





Source – observer.ug

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Year of the Overcomer-Prophet Elvis Mbonye

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The eagerly awaited first fellowship of controversial Prophet Elvis Mbonye left viewers shocked as he declined to issue his now famous prophecies citing a refusal to settle for the new normal. In an on online service watched by thousands, the Prophet said him prophesying would “ be a concession to gathering online, rather than physically” further stating that it is not the will of God that church should meet online!

The Covid-19 SOPs given by the government and Ministry of Health have heavily impacted gatherings and as a result, ministries with large congregations have resorted to online services. The prophet however insists that this is a ploy to diminish the influence of the Kingdom of God.

He however proceeded to give the Prophetic Word of the year , saying “This is the year of the Overcomers” amidst cheers from those present. He also stated that this would not be a “gloomy” year, probably meaning that this would be a good year. Given that many of his prophecies have actually come to pass, should we pay more attention to him? We eagerly await the prophecies this year.

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Kabuleta blasts Media over “COFIT” reporting in new rant.

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Presidential hopeful Joseph Kiiza Kabuleta has expressed dissatisfaction with the media over what he says was”alarmist reporting” over the Covid-19 pandemic which he calls “COFIT” a term we believe is a wordplay between covid and profit, a view held by many that claims that the disease was exaggerated to maximize funding and corruption. Kabuleta has come to be known for his straight shooting style and admirable command of facts and policy, even being touted as the “smartest candidate” in the race.here is the full statement:

MEDIA AND THE COFIT ENTERPRISE

By Joseph Kabuleta

“Don’t look at where you fell, but where you slipped”
AFRICAN PROVERB

We know where the media fell. They fell when they were caught in the crossfire between opposition politicians and trigger-happy security hitmen; when they were unfairly targeted as they went about their noble duty of covering this explosive elective season. Sadly, some journalists are nursing wounds; others weren’t so lucky.
But it’s important for us to understand where they slipped.

If someone is sitting by the roadside sipping on his brew and he sees a gang of people sprinting past him, as if for their lives, it’s understandable if he impulsively joins without asking questions. But if after nine months he is still sprinting, and has still not asked any questions, then there’s something terribly wrong with him.

When we first went into lockdown in March, it was probably the best course of action because we didn’t know the full extent of the Cofit threat. But in the first 90 days, it was clear to all and sundry that it was never going to rank among Uganda’s top health challenges. And that’s not my opinion.

The Daily Monitor on July 15th quoted Dr Baterana Byarugaba, the Mulago Hospital Executive Director, describing the Cofit strain in the country as a mild form of flu which does not require hospital admission since it can be treated at home or in lower health facilities.
“l told Ugandans right from the beginning that the type of coronavirus we expect in Uganda is the mild one. It can be treated at health centre II, III, IV or the district hospital,” the top Medic said.

I read the story with glorious delight supposing that finally common sense, (or should I say science sense) would inform our decisions as a nation. But it’s difficult to know where science stops and politics starts. It’s become clear over the months that Cofit is not just a virus that causes respiratory problems, it’s a lot more than that; it’s a weapon in the hands of politicians that gives them power beyond their wildest dreams. In America, for instance, Democrat Congressman Jim Clyburn said Cofit is a “tremendous opportunity to restructure things to fit our (leftist) vision” while actress and activist Jane Fonda said that Cofit was “God’s gift to the left.”

Our media could have taken the side of poor Ugandans by showing the immense suffering and death from preventable sicknesses that resulted from the harsh Cofit measures; they could have highlighted the plight of businesses permanently closed and workers rendered redundant and sent back to villages. They could have wondered why truck drivers were testing negative in Kenya and positive in Uganda, or wondered why Cofit deaths only started after Prophet Museveni showed us a macabre lineup of coffins in his address, or why every celebrity who dies since then is ruled as Cofit (no autopsy required)

They could have told us that according to Worldometer, Cofit has a 0.28% mortality rate (or a 99.72 survival rate) and that it doesn’t rank anywhere in the Top 10 of Uganda’s health challenges; they could have told us that a child dies of malaria every two minutes (and Uganda accounts for 3% of the world’s malaria fatalities), which means that more Ugandans die from mosquitoes in ten days than Cofit has (allegedly) killed in the nine months it’s been on our lips.

Ugandans (especially of my age) have lived through real pandemics. As a young man growing up in the early 90s, nobody had to remind me that AIDS was real. Goodness me, I knew it was! And I didn’t need police to force me to wear protection, I knew the consequences. The fact that we are constantly being reminded that ‘Cofit is real’ tells a story of its own.

The media could have asked why Uganda, with one of the lowest Cofit cases or deaths, still holds on to a 9:00pm curfew when Kenya moved to 11:00pm in September, as did South Africa and several countries. The media could have told us that Malawi, Burundi, Tanzania and, recently, Ghana all held successful elections with full blown campaigns in 2020, and we aren’t hearing people dropping dead from Cofit in any of those countries. May be they should have tried to find out if people are dropping dead in Tanzania which altogether ignored all Cofit measures and went on to acquire middle-income status while Ugandans were still in lockdown.

They could have told us about the asymptomatic Cofit patients who were filmed dancing the night away in hospital wards, or of people suffering from other diseases who dare not go to hospital because they fear to be given a fake Cofit label and held for two weeks against their will.

The media could have told us that Cofit deaths across the world have been grossly inflated. Minnesota lawmakers say Cofit deaths could have been inflated by 40% after examining death certificates (according to The Washington Examiner) while Fox News reported that in Colorado 45% of Cofit corpses “were also found to have bullet wounds”.

They could have told us that 22 European countries, all of which had tens of thousands of Cofit deaths, opened their schools in the fall, and there has not been any reported spikes in cases as a result. They could have told us that more people have been killed by security men enforcing Cofit measures than by the virus itself.

Well, they could have…but they didn’t. And that’s where they slipped.

Instead they chose to go down the path of alarmist reporting and in so doing became, inadvertently or otherwise, enablers of Uganda’s trillion-shilling Cofit enterprise. Like Squealer in George Orwell’s Animal Farm, the media used flowery language to drum up fear by keeping people’s eyes transfixed on swelling numbers while the thieves carried their loot and stashed it away, and loan money was distributed among family members or used in regime prolongation.

The recent joint television news bulletin, and the adverts that followed, were the peak of hysterical reporting. “Zuukuka Tusaanawo” (wake up, we are perishing) screamed an advert featuring top media personalities. What a load of……(fill in appropriate word).

Remember, all the tyranny we have witnessed in this season has been done in the name of Cofit, and such sensationalist reporting justifies it; it gives dictators like Museveni the perfect pseudo-moralistic cover to unleash their most despotic fantasies while actually pretending that it’s for the good of the people. Unfortunately, the terror has now spread to the very media people whose hyperbole enabled it in the first place. There is such a thing as the law of cause and consequence, after all.

Instead of the media walking out of pressers and threatening to boycott government functions, let them threaten to stop all Cofit reporting. Museveni himself would come running with chocolate in hand.

If the president extended curfew by just two hours, for instance, he will have put as many as 200,000 Ugandans back to work especially in the hotel, restaurant and entertainment industries; but he doesn’t care, and sadly neither do many middleclass Ugandans who suppose that it’s their moral obligation as responsible citizens of the Global Village to fret over Cofit just because their ‘fellow citizens’ in Europe and America are doing so. Of course they can afford to do that because their corporate jobs have, for the most part, insulated them from the devastation of the government-instituted Cofit measures. They can enjoy working at home, beer in hand, as they listen to CNN and BBC and still expect the full complement of their salaries at the month end, and that makes them feel every bit like ‘their brothers’ overseas.

Such aspirational conformists are more likely to be offended by my stance on Cofit because they haven’t traversed crook and creek of this country and seen the damage reigned on this fragile society; not by the virus, but by the measures supposedly instituted to mitigate it.

You see, perhaps the most enduring damage this regime has done to our society is creating a three-part hierarchy of class and needs. At the zenith are a handful of connected ‘1986 generation’ and their families who feel entitled to all power and wealth. Beneath is a small (and shrinking) middleclass, and at the bottom of the pyramid is a mass of peasants. Every society, to various degrees, is ordered in the same fashion, but what makes Uganda unique is that the megalomaniacs at the top don’t give a nickel about the plight of the middleclass and the middleclass in turn don’t care a bit about the quandary of the peasant. The charlatans at the top will impose punitive taxes on the middleclass, then dip into NSSF coffers at a whim to share out their savings, and no one can stop them.

And the middleclass Ugandan, armed with his medical insurance, and safe in the knowledge that his wife is unlikely to die in child birth (20 Ugandans do EVERY DAY), and his children are very unlikely to die of malaria (20 do EVERY DAY), or from malnutrition (thousands do every year), will go around trumpeting Cofit because it’s more relevant to his status than malnutrition or malaria.

I could just as easily go down that path. I could also close my eyes to mothers failing to get breast milk because they can only afford half a meal a day (black tea with a piece of cassava), and the malnourished babies that emerge as a result; I could close my eyes to the teenage girls that were given out in marriage because schools closed, or those given out to meet family needs; I could ignore the fact that our president is opening 5-star markets in cities which have 1-star referral hospitals; I could also choose to look the other way and enjoy my middleclass lifestyle, but as an aspiring leader, I cannot.

As a leader, my aspiration is to remove the privileged/entitled class, to expand the middleclass (and their income), and to shrink the peasantry; but mostly to blur the lines that separate each category.
It doesn’t bode well for our country if the average Corporate Ugandan knows more about racism in America than about extreme poverty in Teso or Busoga because that disqualifies him/her from the solution to those local problems.

And finally, I have come to the realization that the biggest pandemic afflicting our country is poverty and the virus that causes it is called M7-1986. Vaccination against it is January 14

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Muntu Blocked in Kamwenge

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Alliance for National Transformation presidential candidate Gen. Mugisha Muntu has been blocked from campaigning in Kamwenge according to a statement he released earlier today.Below is the full statement:

STATEMENT
Today in Kamwenge, as we have done since the start of the campaign season, we headed out to speak with the people. We had earlier in the week agreed on the venue with security agencies. No one had anticipated that it would rain as much as it did, making it impossible for us or the people to access.

After identifying an alternative place only 100m away from the original venue, negotiating with the owner and communicating the same to the public, we headed to the second venue only to be stopped by police.

Our policy has always been to do all we can to be reasonable, even in the face of unreasonable action on the part of the state. We engaged the police leadership in a civilized, respectable manner well knowing that they intended to not only frustrate us, but cause us to act in ways that would give them an excuse to cause chaos. This was on top of their intimidating the radio we had booked and duly paid to appear on.

While we are confident that we are on the right side of both the law and reason, we have chosen not to endanger the lives of our supporters or the general public by escalating the situation. We will do everything humanly possible to avoid a single life being lost or blood being shed on account of our campaign.

And yet this truth remains: the regime’s days are numbered.

ChangeYouCanTrust

CountryBeforeSelf

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