Justice Rosette Comfort Kanja of the High Court of Kampala has ordered for the trial of five people accused of fraudulent land title transfer of National Social Security Fund (NSSF) properties in Lubowa, Wakiso district .
The judge overturned the Magistrate Court’s ruling, which had initially freed the five due to insufficient evidence.
The accused individuals are: Mohammand Kityo Lubowa, Moses Bogere, Ms. Betty Namanya, Daphine Nakanwagi and Partick Oyango
The prosecution, led by Mr. Adam Wasswa and Ms. Harriet Adong, successfully appealed the decision, demonstrating a prima facie case against the accused .
According to Justice Kania, “a prima facie case is established when the evidence adduced is such that a reasonable tribunal… could convict the accused person if no evidence or explanation was set up by the defence”
The judge further reasoned that had the learned trial magistrate properly addressed his mind to the evidence adduced by the prosecution, he would have found that a prima facie case had been established against the accused persons in respect to fraudulent procurement of land titles requiring them to be put on defence.
NSSF Managing Director Patrick Ayota expressed satisfaction with the High Court’s decision, emphasizing the Fund’s commitment to defending its legal rights over the disputed land ¹.
The case revolves around the fraudulent procurement of land titles, not ownership, involving 600 acres of NSSF land in Lubowa .
The land in question is about 186 acres and Kityo, Bogere, Namanya, and Nakanwagi were charged with fraudulent procurement of titles, contrary to Section 190 of the Registration of Titles Act cap 230.
Prosecution contends the accused persons except Onyango between 2015 and 2019 at different places in Wakiso district fraudulently procured a certificate of title of land comprised in FRV WAK 6104 Folio 24 Block 269 plots 3234-3240 of NSSF.
It is further stated that Onyango alone faces a charge of fraudulent procurement of title, contrary to Section 190 of the Registration of Titles Act.
It is claimed that he created a fictitious Job Record Jacket file related to the land in question, failing to adhere to established guidelines and procedures
