By Mulengera Reporters
Two administrators of the estate of the late Musa Ssekeba have returned to the Chief Magistrate’s Court of Kasangati seeking an urgent interim injunction to restrain their aunties from selling, transferring, developing or otherwise interfering with a disputed 55-decimal piece of land in Luteete, Wakiso District, valued at approximately Shs120 million.
Mohammed Ssekeba and Safina Namusisi, administrators of their late father’s estate, have filed Miscellaneous Application No. 154 of 2026 against Sarah Mbejja and Olivia Nakalyowa, administrators of the estate of the late Juma Musoke.
The application arises from Miscellaneous Application No. 153 of 2026, which itself arises from Civil Suit No. 56 of 2026, in which the siblings are challenging the inclusion of the contested property in Musoke’s estate.
Through their lawyers, KOB Advocates & Solicitors, the applicants want court to issue an interim injunction restraining the respondents, their agents or anyone acting under their authority from disrupting their possession of the land, carrying out construction, selling, mortgaging, subdividing or transferring it until the determination of the main application.
The disputed property is situated at Luteete A, Kelezia Zone, Masooli Ward, Kasangati Town Council, Wakiso District, along the Kampala-Gayaza Highway.
In an affidavit supporting the application, Mohammed Ssekeba states that the family has occupied the property for close to 40 years and that it contains a residential home and rental units from which the beneficiaries derive their livelihood.
Claim decades of uninterrupted occupation
According to Mohammed’s affidavit, the disputed property originally belonged to their great-grandmother, the late Eseza Nabunya, who allegedly owned approximately five acres of land in Luteete.
He states that Nabunya, who was the biological mother of Juma Musoke, gifted a portion measuring approximately 150 feet by 150 feet to her grandson, the late Musa Ssekeba, during her lifetime.
Mohammed claims that his father took possession of the property in the 1980s, constructed a residential house and rental units and remained there until his death in 2015.
He adds that the children continued occupying the property after their father’s death and have been collecting rental income for the benefit of the estate’s beneficiaries.
The affidavit further states that when Juma Musoke died in 1986, his remaining land, estimated at approximately four acres, was distributed among his children, including Musa Ssekeba and his siblings.
Mohammed maintains that his father participated in distributing the estate and that the respondents and other family members received their respective beneficial shares, including land at Bunono in Entebbe.
He argues that the estate of Musoke had already been distributed among its beneficiaries, with the family burial ground being the only common property remaining.
The applicants therefore contend that the disputed Luteete property belongs to their father’s estate and should not have been included among the assets of their grandfather’s estate.
Rely on previous High Court judgment
In support of their claim, the applicants have attached a judgment in High Court Civil Appeal No. 58 of 2012, which they say recognised their late father’s ownership of the disputed property.
Mohammed states that a previous trespass case had been instituted against his father over the same land, but the High Court ruled in Musa Ssekeba’s favour.
He further claims that some of Musa’s siblings testified in support of their father’s ownership during those proceedings, while the current respondents did not challenge his claim.
The applicants have also cited Kasangati Criminal Case No. 266 of 2024, which they say was instituted by the respondents over allegations of intermeddling in Juma Musoke’s estate.
According to the affidavit, the criminal case was dismissed for want of evidence establishing that the contested land belonged to Musoke’s estate.
The applicants have attached copies of the previous judgments, letters of administration, succession documents, photographs of the property, an inventory of estate assets and a sketch plan showing the disputed land.
Accuse aunties of concealing surviving beneficiaries
The siblings have also renewed their allegations that Mbejja and Nakalyowa concealed material information when petitioning for Letters of Administration to manage the estate of the late Juma Musoke.
Mohammed alleges that during the process of obtaining a Certificate of No Objection and petitioning for the letters of administration, the respondents represented that his late father had died without leaving behind children.
He argues that the representation was false because he and his siblings are surviving children of Musa Ssekeba and beneficiaries of their grandfather’s estate.
The applicants contend that their exclusion from the succession proceedings denied them an opportunity to participate in the administration of Musoke’s estate.
They further accuse the respondents of listing the disputed 55-decimal property as the only asset belonging to Musoke’s estate despite allegedly knowing that it had been gifted to Musa Ssekeba by his grandmother.
The applicants say they did not sign the consent allowing the respondents to obtain the Certificate of No Objection.
They have consequently asked court to examine the circumstances under which the succession documents were obtained and the inclusion of the disputed property in the estate.
Fear property could be disposed of before determination of suit
In seeking the interim injunction, the applicants argue that the respondents, either personally or through their agents, are attempting to encroach on the property and dispossess them of their long-standing occupation.
Mohammed states that the family faces the risk of losing its only remaining estate property if the respondents are allowed to proceed with the alleged attempts to dispose of it before the main suit is heard and determined.
He argues that the property is not merely an investment but also provides accommodation and rental income for the beneficiaries.
The applicants contend that any sale, transfer, subdivision or development before the determination of the ownership dispute would substantially alter the existing position and could render the main suit and pending application ineffective.
They further argue that they would suffer irreparable damage that could not adequately be compensated through monetary damages if they were removed from the property.
In support of their request, they maintain that the balance of convenience favours them because they are already in possession and have occupied the land for approximately four decades.
They want court to preserve the existing status quo until the ownership dispute is resolved.
Seek court protection as ownership dispute continues
The latest application adds another layer to the ongoing dispute between the two branches of the family over the estate of the late Juma Musoke and the ownership of the Luteete property.
In the main civil suit, Mohammed Ssekeba and Safina Namusisi are seeking declarations that the contested land belongs to the estate of their late father, Musa Ssekeba, and does not form part of Juma Musoke’s estate.
They are also seeking a permanent injunction restraining the respondents, their agents, servants or anyone claiming through them from selling, transferring, disposing of, developing or otherwise interfering with the property.
The applicants are additionally seeking general damages, interest and costs of the suit.
The interim application is intended to secure temporary protection of the property while the court considers the wider ownership dispute.
The application is yet to be determined. The injunction sought is not an existing court order, and the respondents will have an opportunity to respond to the allegations and oppose the application.
Ultimately, the question of who legally owns the disputed 55-decimal property remains before the court for determination. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
