The Executive Secretary of the Departed Asian Property Custodian Board (DAPCB) George William Bizibu has come out to clarify the status of a multi-million shillings building situated on Plot 22 along Mvule Crescent in Jinja City.
The storied building: LRV 422 Folio 21 is currently in the center of a bitter wrangle between a Jinja City businesswoman Alituwa Hellen Tabingwa and the Iganga DEO, Baker Kasadakawo.
Tabingwa accuses Kasadakawo of having fraudulently bought the property which belongs to Universal Investment Ltd, of which she is one of the founders and directors.
However, Bizibu dismisses the allegation “as baseless,” revealing the property in question belonged to the government which sold it to Kasadakwao using legal channels.
Background and genesis of the conflict
The building originally belonged to Badrudin Hadi Jamal, who, according to Tabingwa secured a certificate of repossession issued by the then Finance Minister Moses Kintu Musoke on 5 August 1992.
She claims that on 16 June 2010, Badrudin Hadi Jamal later sold his interests to Mayamba Jafari after obtaining a lease extension from the Jinja District Land Board (JDLB) in early 2009.
With copies of supporting receipts, Tabingwa says this paved the way for Mayamba to execute a sale transfer to Universal Investment Ltd which has been paying ground rent to the Jinja City Council as required by the law.
In a twist of events, Tabingwa says they were shocked to learn that the property had been sold to Kasadakawo behind their backs by the Ministry of Finance upon the advice of Bizibu on behalf of DAPCB.
This was after Bizibu had written a letter to the JDLB asking the Secretary to rescind the minutes on which it was based to issue a Certificate of Title to Mayamba stating that the lawful owner of the building is Baker Kasadakawo who should be the one issued with a Certificate of Title.
“…the purpose of this communication is to inform you that, the action of the Board was null and void ab initio and of no legal effect and therefore request that, you rescind the minutes that consequently led to the issuance of the Certificate of Title to enable the purchaser Kasadakawo with a Certificate of Title…,” reads in part Bizibu’s letter.
As it stands now, Kasadakawo has been issued with a Certificate of Purchase or Receipt signed by the Minister of Finance, Planning and Economic Development Matia Kasaija as the true and legal owner of the property.
“…in the exercise of the powers conferred upon the Minister by section 8 of the Expropriated Properties Act,1982, this is to certify that Kasadakawo Baker is the purchaser/recipient of the property Plot Number 22 Mvule Crescent, Jinja…,” reads the Certificate number 3640.
But according to the records available, the original owner mortgaged the property to get an unspecified amount of money from the Standard Chartered Bank and defaulted until the central government intervened and redeemed the building which eventually reverted to the management of DAPCB.
Malicious damage-drama
On 11 January 2023, a group of hooligans or bouncers commonly known as kanyama raided and vandalized the building sending people in the neighborhood into fear and panic.
The incident was reported to the police where a case of malicious damage to property Vide CRB: 051/2022 was recorded by Alituwa Hellen Tabingwa.
Detectives conducted investigations and two suspects including one Geoffrey Kalemera were charged to the courts of law.
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But when contacted, Kasadakawo rubbished the allegations, saying he applied for the property having been notified by DAPCB that it was redeemed and under the management of the Custodian Board.
With all the supporting documentary evidence, Kasadakwo in an interview with this reporter maintains he has all the relevant documents and followed all the due lawful means.
The senior educationist said it was thereafter allocated to him after going through the processes that eventually led to the signing of the agreement and the sale acquired it using lawful means.
“…I was never interested in grabbing anyone’s property and I would settle for a refund from the DAPCB if that becomes the verdict of the day…,” the amiable Kasadakawo said.
Stalemate
Kasadakawo is wondering why officials at the Jinja Ministerial Zonal Office (MZO) have refused to transfer the certificate of Title to his name having received all the required documents.
In one of the correspondences seen by this website, Bizibu asked the Commissioner of land Registration in the Ministry of Lands, Housing and Urban Development to expedite the transfer process in favor of Kasadakawo.
“This communication serves to confirm to you that Kasadakawo Baker is the new owner of Plot 22 Mvule Crescent…, the DAPCB humbly requests that you complete the transfer of this property…,” Bizibu’s letter reads in part.
The letter dated 3rd October 2022 acknowledges that the building originally belonged to Badrudin Hadi Jamal and was expropriated, and has been under the management of the Finance Ministry/Custodian Board.
Sources at the MZO who talked to us on condition of anonymity say both Tabingwa and Kasadakawo have placed caveats on the property, meaning no action can be taken either to cancel the title or transfer it to Kasadakawo’s name.
Jinja City is one of the urban centers in the country with the highest cases of property (land and buildings) related conflicts involving former Asian properties in which locals as tenants, DAPCB, and some people claiming to be owners play against each other.