Judiciary Refutes Vision’s Claims on Foreigners’ Freehold Land Ownership

The Judiciary of Uganda has strongly refuted allegations made by New Vision newspaper suggesting that foreigners can legally hold freehold land tenure in Uganda.

In a statement released on December 8, 2024, the Judiciary labeled the claims as “misleading” and clarified that the court judgment in question had no bearing on the issue of foreigners owning land under freehold tenure.

The controversy arose from a recent court case involving the estate of the late Festo Banja, whose administrators had sued multiple parties, including Ladha Kassam & Company Ltd, Blue City Investments Ltd, and others.

The plaintiffs alleged that certain freehold titles over land in Sisa, Wakiso District, were fraudulent and sought the court’s intervention to nullify the titles, revert the land to mailo tenure, and award damages.

The court, however, ruled against the plaintiffs, determining that the land in question had been lawfully converted from mailo to freehold tenure under colonial laws dating back to the 1900 Uganda Agreement. The ruling noted that Festo Banja had voluntarily transferred the land to the Governor of the Protectorate in 1915. The transfer was formalized under Instrument No. 302 of September 6, 1915, and subsequently registered as freehold under a Crown Grant issued in 1926.

In its statement, the Judiciary emphasized that the plaintiffs’ claims were built on falsified records and fraudulent actions.

“The court found that the administrators of the late Festo Banja’s estate had fraudulently superimposed a mailo title over the land, despite it being legally converted to freehold nearly a century ago,” the statement released on Monday read.

The court further held that the defendants, including Ebrahim Kassam & Sons Properties Ltd, were bona fide purchasers who had acquired the land through legitimate transfers from the original freehold owners. The judgment dismissed the plaintiffs’ claims with costs and directed that criminal investigations be launched into the actions of the plaintiffs and their attorneys.

Notably, the Judiciary underscored that nowhere in the ruling did the court suggest that foreigners could hold freehold land tenure in Uganda.

“Nowhere in the judgment did the learned Principal Judge hold that a foreigner can hold freehold tenure in Uganda. The claim made by New Vision is baseless and undermines the principles of justice that were addressed in this matter,” the Judiciary’s statement affirmed.

The Judiciary called on New Vision to issue an immediate retraction of the article published in its Weekend Vision newspaper, stating that the misinformation could mislead the public and tarnish the integrity of the court. “We demand that New Vision retracts the falsehood, as it undermines the principles addressed by the trial judge while resolving the issues raised,” the statement further noted.

The statement also urged the public to disregard the New Vision publication and rely on factual information regarding land laws and tenure systems in Uganda.

Highlighting the implications of the case, the Judiciary reiterated the importance of upholding transparency and the rule of law in land disputes. “This ruling demonstrates the court’s commitment to addressing fraudulent claims and ensuring that legitimate landowners are protected under the law,” the statement concluded.