By Spy Uganda
Workers’ MP Abdulhu Byakatonda, Departed Asians Properties Custodian Board (DAPCB) and a one Micdad Muganga who happens to be Kampala Capital City Authority (KCCA) official have been dragged to Land Division of the High Court in Kampala over fraud land deals.
The two are accused by a family of four who were allegedly sold land by Byakatonda when he was chairperson of DAPCB but later found out that this was a fraudulent transaction since this land (three plots) belonged to different people.
The family members; Asuman Nkambwe, his sons Meddie Nkambwe and Mansul Mbazira, and his wife Jane Nambooze say that they paid the money for the land through the DAPCB employees and these are Byakatonda and Muganga.
You may wonder how it all started, in 2019 the family members say were informed by their then lawyer Nathan Mpenje that the DAPCB had three plots available for sale and these are; Plot 34 LRV 146 Folio 10 on Rashid Khamis Road, Plot 23v LRV 117 Folio 8 and 37 Martin Road LRV 116 Folio 17.
On July 31, 2019, the family applied to the DAPCB divestiture committee for the allocation and purchase of the plots. In this process, the family says they mainly dealt with Byakatonda, the then board chairperson, and Muganga the board’s agent.
“In January 2021, the family sought vacant possession from the occupants of the plots, but they did not have knowledge of any transactions,” court documents read. They then demanded vacant possession of the plots in a series of meetings held with the custodian board members in January last year to no avail.
To the family’s shock, they say Byakatonda and Muganga approached them and told them that they needed to pay fresh fees to be able to receive the formal offer which they accepted and paid another Shs150m. But shortly after this, the family says it discovered that Plot 23 Martin Rd is being claimed in court by a one Nanji Valji’s administrator who purports that the plot is part of their estate and they have a repossession certificate issued by the finance minister in 1995.
They also discovered that plot 34 Rashid Khamis Rd has a title and John Katonya is the registered proprietor while plot 37 martin Rd is not available.
In fact, according to reports, in April last year, the DAPCB offered plot 18 LRV 188 Folio 25 Benedicto Kiwanuka Rd to Asuman Nkambwe in exchange for plot 37 martin Rd which they claimed was no longer available for purchase.
Now, the family wants the court to compel Byakatonda, Muganga and DAPCB to give them the properties free of any encumbrance or third-party claims or else to refund the money they paid for the plots of land amounting to UGX2billion with interest at 21% from the time they received the money until payment in full.
They also demand UGX1.5b in aggravated damages for the pain, loss, and suffering caused to them and an interest of 21% plus costs of the suit.