Mrs Mary Kenyangi Kabasharira, 70 years, a widow with 8 children has
run to Mbarara High Court to defend property given to her by late
Perez Kabasharira in a will read in 2002.
Mary Kenyangi was given two plots as a surviving widow among other
things given to her children in a will read after the death of Perez
Kabasharira. Another widow , the late Ephrance Kanyena Kabasharira’s
children got their share.
Among the Children include Hon Naome Kabasharira, Glades Ariyo, Jovia
Kabagambe, Samari Kobusingye, Bernard Ahimbisibwe, Dustan Kweyunga,
Boaz K Mugimba, Abel Katungi, Issa Kakuru, Israel Kanshabe, Mary
Kenyangi, Loyce Nankunda, Erisa Twinomugisha, Isiah Murara, Addy
Kente, Eunice Karubara.
However his son Dustan Kweyunga and step son Isaiah Murara contested
ownership of these plots of land in an attempt to deny the widow from
benefitting from them.
“I know Kweyunga and Isaiah as my son and stepson , respectively. They
do not have any claim whatsoever , to the plots of land that I sold to
Mr and Mrs Kakama as they were distributed to me according to the will
in the presence of all the family members”.
Mary Kenyangi says the defendants( Dustan Kweyunga and Isaiah Murara)
got their own share of other properties of my late Husband. I was the
proper owner of the said plots of land and had the absolute right to
sell them to Mr and Mrs Kakama.
In the year 2016 and 2017 respectively Mr. Kakama Francis bought plots
of Land and houses situated in Mutojo cell and Rugarama T/C from the
surviving wife of late Perez Kabasharira, Mrs Mary Kenyangi
Kabasharira and her children.
In early 2018 when Kakama was developing his plot with a commercial
building in Kyempene trading Centre, Ntungamo district a group of
hooligans led by Muraara Isaiah Kabasharira and Kweyunga Dustan both
sons of late Kabasharira demolished the building and was later
rebuilt by Kakama Francis.
Later in May,2018,they went ahead under the same command demolished
the same building which was under construction .All the building
materials at the site were taken away by Isaiah and Kweyunga claiming
that the property belonged to the late Kabasharira.
They further headed to tree plantation with 30,000 9months old
eucalyptus trees and cut them down .A matter was reported to Rugarama
Police post where the family of Kabasharira went and reported to
Ntungamo police . From no where security guards from Ruhama Veterans
Security Firm were deployed at the scene without the authorization of
the Ntungamo District Police Commander or O/C Rugarama Police Post.
A letter from Uganda Police Headquarters was written to Dpc Ntungamo
to Inquire the Operations of the same where they were removed from the
A civil suit was filed in High court of Uganda, at Mbarara vide No 23
of 2018 by Kakama Francis against Kweyunga Dustan and Murara Isaiah
The defendants in their written statements of defence stated that they
are the administrators and /or beneficiaries of the estate and
trustees of the estate of late Kabasharira Memorial Trust they are
lawful owners of the said land and houses.
The defendants further stated that they are not aware nor part to the
purported sale of the land between the plaintiff –Kakama Francis and
Mary Kanyangi Kabasharira the surviving wife of late Kabasharira.
That Mary Kenyangi Kabasharira is not a beneficiary of the estate and
trust of the late Perez Kabasharira.
In November 2018, a civil suit was filed in High court of Mbarara vide
No. 80 of 2018 by Kanyangi Mary Kabasharira and Kakuru Issa
Kabasharira against the administrators of the estate Dustan Kweyunga,
Boaz Mugimba and Benard Ahimbisibwe Kabasharira.
A memorandum of understanding was entered into on 20/8/2018 by Kakama
Francis and the family of the surviving wife, Mary Kenyangi
Kabasharira on grounds that whereas Kakama purchased vacant land,
commercial building and 8 acres of land from Kenyangi and family, he
has developed with 13 shops and other three shops which were
demolished in this case and subject of litigation, the possession and
quiet enjoyments of the demised properties herein has a contention
subject with the administrators of the estate.
Kakama Francis took a decision to surrender the land, shops and
developments thereon at Rugarama trading Centre, Ntungamo district
valued at 300,000,000/= plus 100,000,000 being the value of the
demolished shops and that the family of late Kabasharira Pays the
total amount of 400,000,000 within 5 months a breach of which a charge
of 20% shall be charged on the outstanding balance but later Mary
Kenyangi kabasharira and her family told Kakama Francis that the
property they sold was theirs thus no need of paying back the money
thus he should use his property he bought from them the true owners of
the property as per the meeting that was held on 21st June 2009.
On 21st June, 2009, a meeting was held at the home of late Kabasharira
where the estate of late Kabasharira was divided between the two
wives of late Kabasharira ,Late Ephrance Kanyena and Mrs. Mary
Kenyangi. All the children of late Kabasharira were present and those
who were absent were in knowledge of what was taking place.
It was agreed at the end of the meeting that the distribution and
division be done within one month starting with 1st Febuary, 2010 and
which was done and the plots, houses were divided equally between the
families of two wives.
Different pieces of land for late Kabasharira have been sold by the so
called administrators forexample part of Eucalyptus forest land which
is in contention is occupied by the church, land in Mugyera, that was
bought by Shato Plot in Kijungu- Mbarara that was divided between the
two wives and sold two pieces of land in Kakamba cell that were sold
by Kenyangi Mary and Boaz as an administrator endorsed on the
conversion form19 application (from customary to freehold).no
complaint has been raised on the selling of those properties as they
are also part of the estate of late Kabasharira.
Mediations are going on in Mbarara high court between the family of
Mary Kenyangi Kabasharira , the administrators of the Estate of Late
Kabasharira and Mr Kakama Francis vide mediation No 12 of 2019 and
mediation under Civil suit No. 23 of 2018 coming on 19th august 2019
but was moved to October 2019.
UGANDA’S LAND TENURE SYSTEM
• The recognised land tenure systems are four and these include Mailo,
Customary, Freehold and Leasehold. The Land Act 1998 defines Freehold
tenure as that one that derives its legality from the Constitution and
the written law. Freehold tenure may involve either a grant of land in
perpetuity, or for a lesser specified time period. The Act specifies
that the holder of land in freehold has full power of ownership of it.
This means that he or she may use it for any lawful purpose including
sell, rent, lease, dispose of it by will or transact it in any other
way as he or she sees fit. Only citizens of Uganda are entitled to own
land under freehold tenure. Non-citizens may lease it for a period up
to 99 years.
• Leasehold tenure is a form of tenure where one party grants to
another the right to exclusive possession of land for a specified
period, usually in exchange for the payment of rent. Any owner of land
in Uganda – whether through freehold, Mailo or customary tenure – may
grant a lease to another person. In practice, much of the land that is
leased was previously owned by government bodies, particularly the
Land Commission and the District Land Boards, and these tend to impose
some development conditions on the land’s subsequent use.
• The Land Act 1998 treats Mailo tenure almost identically to freehold
tenure. Registered land can be held in perpetuity and a Mailo owner is
entitled to enjoy all the powers of a freehold owner. The only
significant difference is that Mailo owners should not use these
powers against the interests of customary tenants or lawful occupants.
This provision was introduced due to concern at the possible mass
eviction of thousands of people who were occupying Mailo land, as
customary tenants or squatters, at the time when the Act was passed.