Your Majesty, Iam forwarding a letter from the Local Government Minister for your kind attention. I propose we hold the meeting on 21st April 2014 Easter Monday at Fort Portal Karuzika Palace at 10:00am. Iam putting together a team comprising of one Legal consultant, Minister of lands, chairperson Larboard, Omujwera Musuuga, Rwigi, Chairperson Finance committee and other stakeholders to put the facts on table. Your Majesty, in the meantime the following observations are worth bringing to your attention: 1. Legally Kabarole District Local Government has no case whatsoever over the ownership of the Muchwa Buildings. This is according to the legal interpretation of our consultant. see attached legal interpretation document. 2. yes, we discussed the matter with a team from Kabarole District led by the Chairman, last year in October but you recall your Majesty that nothing conclusive came out of that meeting, so there was no agreement reached as alleged. 3. Mr.Rwabuhinga was requested to submit to the Kingdom a proposed Memorandum of understanding clearly stipulating the Modus Operandi but up to now he has failed to do that. 4. The Buildings in contention were constructed for the people of Tooro, when the Greater Kabarole District was not yet sub-divided. and our questions to Mr.Rwabuhinga and other are; -Who best represent the People of Tooro, other than the King and Kingdom? -How will the interests of other former Kabarole Districts in Tooro be catered for? 5. We have an agreement of ownership which is signed by both parties, why then should Kabarole District Local Government Administration deny us this ownership! 6. Mr. Rwabuhingas Motives are not very clear but am now forced to believe that they have political connotations which is rather unfortunate for Tooro. Thanks for your Indulgence your Majesty. Hangiriza Agutamba Rt.Hon.Steven Kaliba Ateenyi Prime Minister see legal interpretation formerly made to me. Dear Owek. Omuhikirwa, below is our opinion and we can have the same arranged with the Attorney General. 1. Its a common land principle under the English Law, from whom our real property law was inherited; that whatever is found on the land, goes with the land especially if the thing is permanent in nature, e.g the GTZ Building. 2. Under the Traditional Rulers (Restoration of Assets & Properties) Act Cap 247; S.2 (1) Restored all assets consfiticated by the Govt under the 1967 Constitution to the Traditional rulers with the commencement of the Act. However this section is to be interpreted with a little moderation/ pinch of salt, as the subsequent sub-sections tend to limit its application. - For instance under S,2 (5) Any traditional ruler, other than that of Buganda, the Govt shall hold negotiations with the traditional rulers concerned with a view to returning to them such assets and properties as may be agreed. - However from the email, it appears the Land/ asset the Kabarole District is occupying was returned to the Kingdom. This return happened at the time the District had inherited the property from the govt. This is of no consequence and does not affect the Kingdoms title at all as S.2 (2) is very clear on the right & interest inherited. It states that the traditional ruler shall have the same interest in respect of that property as that held by the Uganda Land Commission. - In this case therefore, Kabarole District cannot challenge the interest of the Kingdom as it has the same right as ULC had previously and this is further evidenced by the Lease Agreement. As for the GTZ building, the District also just inherited it and therefore cannot claim any loss. It would have been a different case, had they constructed it using their own resources, in which case, the building would have been valued & they compensated the value of the building by the Kingdom. But in this case, they have no claim in equity. Thus for all intent and purposes, the land and building thereon belong to the Tooro Kingdom as exponded under S.2 (7) of the Act, and the above mentioned Principla of Land Law! Business Development Partner Karuhanga, Tabaro & Associates Solicitors & Advocates Ground Floor Esami House 52 Bombo Rd P.O. Box 37366 Kampala Tel: +256 414 530 114 Fax +256 414 531 078 Cell: +256 75 253 5390 ktassociates.co.ug
Posted on: Thu, 27 Mar 2014 16:00:25 +0000
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