By Our Reporter,
KAMPALA
Court has ordered a witness, Dr Freddrick Njuki to present documents to prove his citizenship in the new twist over the case in which Watoto Childcare ministries is accused of illegal acquisition of a 179 acre land in two villages in Wakiso District
Justice Christine Echookit Akello of the Land Division of the High Court issued compelling orders against Dr Njuki, a witness and also a complainant in the land case against Watoto Childcare Ministries.
Dr Njuki who was appearing in court for hearing of cross-examination regarding his sworn statement regarding ownership of the land, sued Watoto Childcare Ministries jointly with his brother, Steven Ian Nsubuga, Ann Nsubuga and the Commissioner for Land Registration.
Justice Akello’s order overturns an earlier dismissal of a similar application to compel Dr Njuki to present his citizenship documents.
Justice Philip Odoki, one of the judges who presided over the case that has spanned 13 years in the court system, had dismissed the application made by lawyers Ronald Oine and Lastone Gulume who represent Watoto Childcare ministries.
The shocking orders against Dr Njuki came after the same court allowed new documentary evidence which indicate that Watoto Childcare Ministries is a foreign company that has no legal right to acquire and or own mailo land in Uganda.
Lawyers, Oine and Gulume claimed that Dr Njuki lost his Ugandan citizenship by the time he applied and received the American citizenship insisting that by the time he received the American citizenship the Ugandan parliament had not yet passed the law allowing dual citizenship.
However, Dr Njuki’s lawyers led by Francis Tumwesige protested the application reasoning that the matter which Oine brought before the court had since been determined by Justice Odoki who overruled him.
He added that when the file was removed from Justice Odoki and handed over to Justice Bernard Namanya, lawyer Oine again filed the same application no orders were made which stalled the case because again the same file was being moved to another judge.
Tumwesigye’s was supported by Dr Njuki who was appearing in court via Zoom, but the judge noted that the application is very crucial on the proceeding of the case explaining that the court should first know whether Dr Njuki is a Ugandan.
The judge directed Njuuki to provide certified copies of the application which he used to apply for Ugandan citizenship and the respondents when confirming his citizenship.
He was also directed to provide to court his Ugandan passport or the National identity card to prove his citizenship but Dr Njuki insist that these are tricks his elder brother, Nsubuga and Watoto Childcare Ministries in shielding their fraudulently scheme to grab his land.
Dr Njuki told court that some of the documents were removed from the court record by his former lawyers without his knowledge and that it is the reason he brought new lawyers to prosecute his matter.
According to court documents, Dr Njuki alleges that Watoto Childcare Ministries purchased the land in question from Nsubuga who was not in full ownership of the land and attempted to forcefully takeover despite several warnings to him concerning his fraudulent acts.
In June 2012, Dr Njuki sued Watoto Childcare Ministries for illegally acquiring the land in question from his brother Nsubuga who sold it using forged papers.
He sued Watoto Childcare ministries jointly with his brother, Nsubuga, Ann Nsubuga and the Commissioner for Land Registration over the alleged fraudulent dealings on his late father’s land.
It is alleged that the transactions between Nsubuga and Watoto were tainted with fraud and illegalities and that the organization, Nsubuga and Ann Nsubuga all participated and were privy to the transactions complained about.
“The plaintiff (Dr Njuki) shall aver that since the entry on the register of the names of Steven Nsubuga and the organization was affected by the fourth defendant (Commissioner Land Registration), the fourth defendant should be ordered to cancel all the said entries and reinstate the names of the plaintiff’s father Eric Gganja Kiyuba Njuki as the registered proprietor and it is from such registration that the plaintiff would acquire his interest or portion of land,” court documents reads.
He wants the court to declare that he is the legal owner of 50 percent of the disputed land at Lube and Sekomangwa in Kakiri, Wakiso District.
Dr Njuki is seeking for a court declaration that the registration of the organisation in the suit land and subsequent transfer of the said land into the names of Watoto was erroneously and fraudulently procured and hence must be cancelled.
He is also seeking for an order of court restraining all the accused parties, their agents or persons deriving from them from interfering with the suit land in the manner likely to affect the interests of Dr Njuki.
However, Watoto denied any wrongdoing saying the case does not raise any action because in 2010, they desired to purchase eight plots at Lube Village and two plots and that when they immediately visited the land and opened boundaries, they verified that there were no squatters.
“That the Watoto Childcare Ministries thereafter conducted searches at the Land registry in regard to the suit land and all the plots of land were in the name of the second defendant (Steven Nsubuga),” reads the defense adding that no person objected to the process of opening boundaries.
Through their lawyers, Watoto contends that it continues to suffer disruption of its activities owing to its lack of quiet possession of its property statements issued by the plaintiff against it.
Watoto Childcare Ministries also filed a counterclaim against Nsubuga seeking for a refund of Shs800 million with a 30 percent interest.
