One of Auditor General John Muwanga’s Deputies Francis Masuba (in charge of corporate affairs) in real hot soup after a family of poor peasants in Bukedea dragged him to court for improperly using their land to put up a modern farm where he keeps more than 500 Frisian cows. The land in Bukedea district belongs to one of the Iteso clans located on the banks of Sironko River and Masuba is accused of knowingly buying from the rightful owners’ distant relative who had no power to sell. He has a title covering more than 150 acres of prime land there but the rightful owners (all of them old men in their 70s namely Yekosofat Wangote, Francis Nalyanya & their two brothers) have since hired Mbale leading lawyer Samuel Wekoye to commence civil proceedings against Masuba in the Soroti High Court. Wekoye told this news website that the title Masuba proudly claims to have amounts to nothing because it resulted from fraud. “It’s true in law possession of title is conclusive proof of ownership but in this case he has a bad title because it was fraudulently issued as the person he bought from had no title to pass on to him,” Wekoye explained. He added that circumstantial evidence too is against Masuba’s claim. “There is always a history to how we come to possess land. These old men were born there and their parents were buried there. The graves are there. What does he have to explain the history around his ownership? He was warned the person who was selling to him had no right to the land but he ignored. I told his lawyer pride will destroy that man and they didn’t listen to me and we are now before Justice Batema to have Masuba’s title cancelled because its sham,” Wekoye explained. When Masuba moved in to take possession, the old men protested and physically attempted to block them. “He used his powers and wealth to protect the crooks that sold to him by having the rightful owners criminally prosecuted and convicted for criminal trespass and they were jailed [at Soroti prison] for 8 months until the High Court judge intervened in the Magistrate’s anomalous decision that wasn’t based on what the law says.” Wekoye says much as he is rich, Masuba will in the long term not escape God’s punishment for mistreating the poor. “They are paying a lot of money for my legal services and ours is a God of justice and injustice can’t go unpunished,” Wekoye said. According to Justice Paul Gadenya Walimbwa, who hails from the same Bulambuli village as Mabuya and was until recently the Chief Registrar of the Judiciary, youthful Micheal Mungoma acting on behalf of his elderly uncles petitioned the Chief Justice accusing Muwanga’s deputy of using his powers and office to unduly influence the judicial process but on investigation, Masuba was exonerated as no interference was established against him. Gadenya says a team from the Inspectorate of Courts was sent to Soroti to investigate and no interference was established against Masuba. In his letter to the Soroti Resident Judge, Gadenya reveals that it’s the Chief Justice Bart Katureebe’s wish that the civil case seeking cancellation of Masuba’s title is expeditiously heard to bring the long running dispute to an end. Wekoye says that the old men had offered to let Masuba be upon compensation because it would be very inconvenient for him to relocate his farm in which he has invested billions over the years. They offered to charge him Shs15m per acre but the negotiations failed “because of Masuba’s pride,” according to Wekoye. Masuba is being accused along with another powerful official working in the Ministry of Science & Technology as he too has over 350 acres in the same area. The Technology ministry official one time met the old men at Mbale Resort Hotel and promised to compensate them for their clan land (more than 260 acres) at a rate of Shs1.5m per acre but never kept his word despite the involvement of the area RDC and DPC to ensure he doesn’t renege on his word. Micheal Mungoma, an influential young man in the community, recently mobilized volunteers who used spears to chase away the Technology Ministry official when he brought surveyors late in the night to criminally fence off the land. The affected family and clan members recently petitioned Justice Catherine Bamugemereire’s Commission of Inquiry in the hope that the Commissioners will find time to ruthlessly quiz Masuba and the Technology Ministry official. Micheal Mungoma, who vows not to rest until his uncles het justice, says “we trust Bamugemereire more than the ordinary courts because they have only caused us pain.” He says Bamugemereire is pro-people and protects the poor to overcome the impunity with which the rich often act. The disputed land, according to the Bamugemereire records, is located in Atajari village Kolelele Sub County Bulambuli district. Efforts to get Masuba’s comment were futile as our phone calls to his cell phone went unanswered. For comments, call/text/whatsapp us on 0703164755.
